Commonwealth v. Houser (DUI case)
Client was charged with three separate DUI cases calling for mandatory minimum imprisonment of 90 days on each case. Client was advised to seek immediate intensive ...alcohol counseling. Client was sentenced to 1 year of house arrest after serving 3 days in the county prison.
Criminal defense
Aggravated Assault by Vehicle Felony reduced to Misdemeanor Endangering
Mar 04, 2014
OUTCOME: Charges reduced to Misdemeanors and client given probation
Commonwealth v. Delbridge:
Client was a tractor trailer driver involved in a near fatal accident. Police determined the accident was due to the client's distracted driving and charged him with Felo...ny Aggravated Assault. Charges were reduced to Misdemeanor Reckless Endangerment and client was given probation.
DUI and DWI
4th DUI given house arrest
Oct 25, 2012
OUTCOME: Client was facing 90 days in jail but was sentenced to House arrest.
Client was charged with his 4th overall DUI (2nd within 10 years). Client was facing a mandatory minimum 90 days in jail but instead was sentenced to serve the entire sentence on House Arrest.
Speeding and traffic ticket
Speeding 44 over limit reduced to 0 points
Oct 02, 2012
OUTCOME: Speed reduced to 5 mph over the limit, illegal passing was dropped and client will not be given any points or lose his license.
If convicted the client would have been given 8 points and a license suspension. See client review from "Jacque" on my Avvo profile
Criminal defense
3 year drug mandatory given time served
May 29, 2012
OUTCOME: Mandatory dropped, sentenced to time served
Commonwealth v. Wazynski - Felony narcotics case in which client was found in possession of 125 baggies of heroin. 3 year mandatory minimum sentence was waived and client was given time served for the... 39 days that he spent in inpatient rehab.
Criminal defense
Teacher avoids jail in shooting case
Mar 23, 2012
OUTCOME: Sentenced to time served for shooting
A moment of drunken recklessness cost Northampton teacher David M. Kelly his career and his home. But a Bucks County judge ruled Friday, it won't cost him his freedom.
Judge Diane Gibbons noted that s...he could have put Kelly, 43, behind bars for firing a gun behind his home following a confrontation with two teens who had trespassed on his property. She sentenced him to time served instead, saying she believed he was remorseful and had taken steps to confront the issues that led to the crime.
"The consequences that you have suffered are far beyond anything this court can impose," she said.
A jury in January found Kelly guilty of shooting a rifle behind his Bridgetown Pike home following a confrontation with two 15-year-old Council Rock students, Eric Quidort and Robert Baumner, who had walked through his yard on their way to go fishing in the nearby Neshaminy Creek.
The panel found that Kelly did not intentionally discharge the weapon in the kids' directions, but put them in danger with his recklessness.
His attorney, Ellis Klein, told the judge that Kelly also lost his home because he could no longer afford the mortgage.
Klein presented the judge with a mental health report and numerous character letters, as well as proof that Kelly has been participating in Alcoholics Anonymous classes. He said Kelly's life has been forever changed by the crime.
"He's paying the price for a momentary lapse of judgment in an otherwise exemplary life," Klein said.
Bucks County Courier Times 3/23/12
Criminal defense
Speeding 35 mph over limit reduced to zero points
Feb 15, 2012
OUTCOME: Speed reduced to 5 mph over limit for zero points
Client was charges with going 90 mph on I95 and was facing 5 points and a license suspension for excessive speed. Speed reduced by the District Justice to 60 in a 55 for zero points
Criminal defense
Shooting was unintentional, jury finds
Jan 27, 2012
OUTCOME: Found not guilty of Terroristic threats
From the Bucks County Courier Times:
A Bucks County jury in Doylestown has found that teacher David M. Kelly accidentally fired his gun while using it to scare two teens who were trespassing in his No...rthampton yard last year.
County Judge Diane Gibbons took the extra step of asking the jury to indicate in their verdict whether they believed that Kelly pointed the gun at the two 15-year-old victims or if, as he claimed, it went off accidentally as he was brandishing it to scare the teens.
Based on the jury’s finding that it wasn’t an intentional shooting, Gibbons released Kelly on $50,000 bail pending his sentencing in 30 days. He faces a maximum sentence of one to two years in prison, although probation is likely.
“I’m glad that the jury listened to reason and believed that my client did not shoot at a couple of kids,†said Kelly’s lawyer, Ellis Klein. “That said, from day one he has told me that the biggest mistake of his life was bringing out that gun. He regrets it every day.â€
The shooting occurred about 6:30 p.m. Aug. 21. Two Council Rock South students, Eric Quidort, now 16, and Robert Baumner, 15, told the jury last week that Kelly came out of his house “screaming and cursing†when he caught them trying to walk through his yard on their way to the Neshaminy Creek to go fishing.
They said Kelly appeared very drunk. He warned them he owned guns, they said, and told them to use a trail that snaked around his property line instead.
The teens testified that they apologized and tried to follow Kelly’s directions, but took a wrong turn on the leafy path and ended up behind Kelly’s home again. They said he began cursing and shouting again, and then they heard a gunshot.
Both teens said they heard a bullet crackling through branches over their heads.
Kelly did not take the witness stand. Klein showed the jury photos of what he said was a bullet hole in a fence, and put a firearms expert on the stand to explain the trajectory of the bullet.
Klein said the physical evidence proved Kelly’s story that the gun went off accidentally as he stood behind the house watching the teens. Klein said the teens were “belligerent,†and Kelly was nervous because his truck had been broken into outside his home a year before.
Criminal defense
Time served for stabbing
Sep 13, 2011
OUTCOME: Sentenced to time served
Client plead guilty to Aggravated Assault for stabbing a family member. Client received a sentence of time served (4 months) with immediate parole.
Criminal defense
Speeding 110 mph reduced to 10 mph over limit
May 16, 2011
OUTCOME: Reduced to 10 mph over limit for 2 points
Commonwealth v. Martin: Client charged with speeding 110 mph on I-95. The police officer agreed to drop the speed to 65 mph in 55 mph zone and client was able to keep his driver’s license.