In The Press : Com vs. Pittman
DUI Case Comes With Real Twist
The Lewistown Sentinel
Wednesday August 02, 2006
By Linda Franz
Sentinel Reporter
A Carlisle man charged with driving under the influence even though he was a passenger hopes to have the case dropped in county court.
The incident started in the early morning hours the day after Christmas, when state police saw a vehicle driving erratically on Route 11 just west of Carlisle. Court documents say the car swerved from a turning lane back into the regular lane of traffic.
When police stopped the car, they saw the driver, Lucas Enbacker, holding a large hot dog sandwich in both hands and noticed a strong odor of alcohol. Court documents say the passenger, Derek R. Pittman, 26, of the 100 block of West North Street, leaned over and apologized, saying it was his fault the vehicle was swerving because he was steering while his friend was eating.
Pittman failed a field sobriety test and was taken to Cumberland County Prison where a .237 blood alcohol level – nearly three times the legal limit of .08 – was recorded.
Even though he was a passenger in the vehicle, troopers charged him with DUI, saying he had physical control of the vehicle.
HEARING DELAYED
A county court hearing Tuesday was continued until Aug. 22.
Pittman’s attorney, Justin McShane, calls it a very unusual case and says his client has never been in trouble.
“Under the law, you either have to be driving the vehicle or be in actual physical control of the automobile,” McShane says. “Our defense is his conduct does not rise to being in actual physical control of the vehicle, even accepting the commonwealth’s case as truth.”
McShane says the trooper asked both Enbacker and Pittman if they had been drinking and both acknowledged they had. He says Enbacker passed field sobriety tests while Pittman did not.
The attorney calls the case an example of a “designated driver doing the right thing.”
“For a matter of seconds, my guy has his hands on the wheel but at all times the driver was in actual control,” McShane says.
The case first went to District Judge Jessica Brewbaker.
She would not sign the affidavit of probable cause to summon Pittman to court, writing that she did not believe the affidavit offered enough evidence to show he was in “actual physical control” of the vehicle.
The case was refiled before District Judge Vivian Cohick, who referred it to county court.
Testimonials
Justin McShane is quickly gaining a national reputation as an outstanding criminal defense attorney. Regardless of the charge, Justin is a true champion for his clients, even achieving results many other more seaseoned attorneys would find almost impossible. I cannot recomend Justin highly enough. If I were charged with a DUI in Pennsylvania, Justin would be the first lawyer I called.
- Attorney Theodore Vosk, Bellvue WA
Justin is fast becoming known nationally as a top DUI defender. He is gaining this reputation by sharing his knowledge and his access to scientific works with other lawyers, thereby demonstrating his commitment both to the profession as well as to his clients. Justin has an excellent understanding of the law and science involved in drunk driving defense, and he will do everything possible to win his client’s case. If Justin agrees to take your case then you can rest assured that he will leave nothing to chance, and will do everything to maximize your chances of winning. I highly recommend him.
- Attorney Patrick Barone, Birmingham MI
Shawn has been practicing law for a short time but he has been studying the fine points of criminal litigation for a long period of time. Shawn clerked for Justin McShane while studying for the bar. During that time, Shawn was involved in numerous cases and helped Attorney McShane prepare for trial. While learning from the best, Shawn has been busy developing his own style and finding his own voice. He is a charismatic lawyer and a skilled trial attorney. His experience is vast in comparison to his time in practice and in fact, he already has more trial experience than many attorneys with 10+ years of experience. If you are considering retaining Shawn you should have absolute confidence in his abilities and commitment to your case.
- Attorney William Bly, Biddeford ME
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