In this case, police were called to the scene of a one vehicle accident. No evidence could conclusively place the accused driver in control of the vehicle within two hours of the blood test. A compromise plea agreement was reached where defendant entered a plea to a tier one offense instead of a tier two offense. This case was a second offense within the last ten years, so the sentence was reduced to a five day mandatory jail sentence instead of a thirty day mandatory jail sentence. Client's fine was also significantly lower.

Reference number: 3982-2005 (York County). 

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