In The Press : Com vs. Pittman
DUI-Charged Rider Denies Steering Car
The Patriot News
Wednesday August 02, 2006
By Joe Elias
Of Our Carlisle Bureau
“I think this is one of those quirky little cases,” McShane said. “I don’t think anybody imagined anything like this when the law was passed.”
With a blood alcohol content almost three times the level at which a driver may be charged, Derek Randall Pittman was too drunk to drive a car.
Even though he was a passenger in a friend’s car, the Carlisle man was arrested for driving under the influence.
A state trooper spotted the car Pittman was riding in swerving on state Route 11 in the west end of Carlisle on Dec. 26, arrest records state.
After the trooper pulled the Dodge over, he noticed a strong odor of alcohol coming from the vehicle and the driver holding a large sandwich with two hands, records state.
The alcohol odor wasn’t coming from the driver; it was coming from Pittman, police said.
When the trooper asked the driver why the car was swerving, Pittman leaned across the front seat and said it was his fault, police said.
Pittman explained to the trooper that he had briefly held onto the steering wheel while his friend was taking a bite of his sandwich, and the car swerved across the yellow line, records state.
Pittman was given two field sobriety tests, which he failed, and was arrested, records state.
Tests showed Pittman had a blood alcohol content of 0.225 percent, records state. A motorist may be charged with DUI with a blood alcohol content of 0.08 percent.
The man in the driver’s seat of the car was not arrested.
Pittman’s lawyer, Justin McShane, said the driver wasn’t tested for DUI.
“I think this is one of those quirky little cases,” McShane said. “I don’t think anybody imagined anything like this when the law was passed.”
McShane is asking a Cumberland County Commonwealth Court judge to throw out Pittman’s statement to the trooper and compel the district attorney’s office to show that his client was in control of the car.
The motion contends the trooper never saw Pittman’s hand on the steering wheel and is relying solely on his statement.
“We’ve always maintained that the driver never took his hand off the steering wheel and was in control of the car,” McShane said. “He knew what my client was doing.”
According to a motion filed by McShane, the district attorney is relying on a 1994 Pennsylvania court case in which an intoxicated passenger was prosecuted when he unexpectedly grabbed the steering wheel of a moving car and stepped on the gas pedal, causing the car to swerve toward another vehicle.
McShane said the case involving Pittman is different because the driver was aware of what his client was doing and there is no evidence the car swerved toward another vehicle.
According to court records, District Judge Jessica Brewbaker of the Carlisle area refused to sign the original arrest warrant for Pittman.
“I don’t believe there is probable cause to believe Mr. Pittman was in actual physical control of the vehicle,” Brewbaker told the trooper in a note that is part of the court record.
The district attorney’s office petitioned for permission to ask another district judge to sign an arrest warrant.
In February, County Judge Edgar B. Bayley granted that motion, and District Judge Vivian Cohick signed the second warrant.
Assistant District Attorney Christin Mehrtens-Carlin could not be reached for comment on this story.
A hearing on McShane’s motion is scheduled for Aug. 22 before Judge Edward E. Guido.
Testimonials
Justin McShane is an extremely capable and motivated young attorney who spares no effort in defense of his clients. He is smart and dedicated and has taken advantage of every opportunity to advance his knowledge in pursuit of improving his courtroom skills.
- Attorney Lenny Stamm, Owner, Goldstein & Stamm, P.A.
Justin is a top-notch attorney with training and experience that put him above his competitors. I would not hesitate to refer clients to him.
- Deandra Grant, Owner, Law Office of Deandra M. Grant PC
Dear Justin,
I want to sincerely thank you for your incredible honesty, integrity, and professionalism in the case of my DUI back in February, 2009.
After my arrest on December 29, 2007 you have given my case the care and respect beyond what any other attorney wanted to give me. After the initial meeting with you I was impressed so much that I actually could not believe what I was hearing. You described how you would go about handling my case and described to me what no other attorney could describe because of their lack of knowledge and experience in this field. I had sat down with two other attorney’s in the DUI field and came out in a very depressed state. The first attorney told me to just plead guilty, the other attorney said for $500 he would take care of my case. He never said exactly how or what he would do for me.
When I sat down with you Mr. McShane you told me how this was my livelyhood, I realize even more today how important it was, I could never have worked with another trucking company or any other job of any meaning if I would have been convicted of DUI, for that matter I would had lost my job of $23 per hour driving truck. It was your persistence and determination to see to that I was found NOT GUILTY. I had been to the Dauphin County Courthouse over 7 times, due to the fact that the police department would not bring evidence and or police officers who were required to appear and either or the evidence or the police officers would not show up. If it weren’t for your persistence in filing motions in the court for this evidence and or police officers named this case would have went to trial and I would have been found GUILTY. Many times I was about to give up when you explained to me that could give up, but that you had felt had a solid case and if I did what you had asked of me that you felt with an 80 to 90% confidence, I would be found NOT GUILTY.
Your professionalism, knowledge of all the equipment involved in a DUI, your expert witnesses, and the handling of the entire case is something to be added to the law books. In fact I think it was mentioned that this case is a break through in many way's and that it will go down in case law? I have even went under my name in [Google] and have found the case.
I have not thanked you enough and I cannot thank you enough or express my deepest thanks not only to you, but to your entire staff! The professionalism, knowledge, experience and caring of your staff is second to none!
With my warmest regards,
-Paul L. Kaylor
- Paul L. Kaylor, Harrisburg
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Your DUI Attorney Choice By the Numbers
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(of which we are 4) - Of those, who received training as Instructors in Standard Field Sobriety Testing as recognized by the National Highway Traffic Safety Administration
- 5
(of which we are 4) - Of those, who are a Certified Breath Alcohol Test Technician as recognized by the Department of Transportation
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(of which we are 4) - Of those, who received training in Drugs that Impair Driving (Drug Recognition Expert training) as recognized by the National Highway Traffic Safety Administration
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(of which we are 4) - Of those, who is certified as a Phlebotomist (drawing and analysis of blood samples)
- 2
(of which Attorney McShane is one) - Of those, who is a 2-time graduate and case presenter at the National Forensic Blood and Urine Seminar?
- 1 - Attorney McShane