2009-10-08 / Local & State

Pa. Official Convicted Despite DUI Hung Jury

CARLISLE, Pa. (AP) – A state official faces at least 30 days in prison after a central Pennsylvania jury deadlocked in his drunken driving trial but a judge then convicted him on lesser counts.

The Cumberland County panel was unable to reach a verdict Friday in the case of Deputy Labor Secretary Allen Cwalina on the most serious charge of driving while under the highest level of alcohol impairment. But Judge J. Wesley Oler Jr. then convicted him of general impairment, causing a crash involving property damage and causing a crash while DUI.

The 50-year-old defendant testified that he drank only after his state car struck a parked vehicle early on Nov. 26 near his Lower Allen Township home.

Senior Assistant District Attorney John Dailey said he hadn’t decided whether to retry Cwalina on the most serious charge.

Defense attorney Bryan Mc- Quillan said he was concerned about the split decision. He said it doesn’t make sense that a jury could not make a decision but his client was convicted anyway.

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