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Representative Vito J. Fossella, a Staten Island Republican, was stopped last spring on an Alexandria road for driving under the influence of alcohol. He was convicted last Friday, October 17, 2008, of a misdemeanor charge of DUI.
A scandal erupted after Fossella’s arrest last May when he later admitted to an extramarital affair that resulted in a child, which caused him to withdraw his re-election bid.
Judge Becky J. Moore gave her verdict in Alexandria District Court, while Fossella, 43, a husband and father of three children in Staten Island, sat expressionless. Fossella can appeal to have his case heard by a jury, under Virginia law.
The prosecution is pursuing a five-day jail sentence, which is the penalty for drivers who have a blood alcohol content of at least 0.15 percent. According to records, Fossella registered at 0.133 percent during the roadside breath analysis test. After his arrest, his blood alcohol content registered 0.17 percent on a different machine. The legal limit in Virginia is 0.08 percent, which is similar to most states across the country.
Fossella’s defense attorneys argued the accuracy of the breath analysis machines, which is a tactic that has proved successful in past cases involving alleged DUI. Judge Moore scheduled a court hearing for December 8, 2008 to decide if the prosecution had established that Fossella met the legal threshold for a five-day jail sentence.
A statement released after the trial quoted Fossella as saying, “I made a serious mistake and I want to again apologize for setting the wrong example. I believe we live in a nation of laws, that no one person is above the law, and I look forward to the judge’s final determination in December.”
A few witnesses gave their testimonies during the trial, including the arresting officer, Jamie Garnett. Officer Garnett stated that he stopped Fossella after he drove through a red light during early morning hours of May 1. When he approached the congressman in his vehicle, Officer Garnett noticed that Fossella’s lips were stained red and his eyes were bloodshot. According to Officer Garnet, Fossella’s vehicle also reeked of alcohol.
Fossella gave his testimony stating that he had drunk approximately two glasses of wine at two restaurants where he was with his friends and acquaintances. He said that he later rushed to Virginia that night after being informed by his mistress that his daughter was ill.
The defense called several witnesses who had been with Fossella that night. They testified that he did not appear drunk.
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