Nether Prov commish candidate gets ARD for DUI
MEDIA COURTHOUSE » A Republican candidate for the Nether Providence Township Board of Commissioners entered the Accelerated Rehabilitative Disposition program Wednesday for a drunk driving accident in March.
Caroline Ann Reilly, 42, of the first block of Leslie Lane in Wallingford, will surrender her license for two months, perform 64 hours of community service, submit to a drug and alcohol evaluation and take safe driving courses under the 12-month probationary program approved by Common Pleas Court Judge Kathrynann Durham on Wednesday.
“Like thousands of people in Pennsylvania every year, (Reilly) made the mistake of driving after drinking, specifically after having a couple drinks at an event,” said defense attorney Henry S. Hilles III. “ARD is a court program for first-time, nonviolent offenders of high moral character. It is not a conviction and after Miss Reilly completes the program, the charges will be dismissed and can be expunged from her record.”
A lifelong Nether Providence resident, Reilly is running for 2nd Ward Commissioner. A Facebook page for her campaign states that she is “concerned for the character of our neighborhood and our children’s safety.”
Reilly received 54 votes in the Primary Election in May. Her opponent, Democrat Matthew David Garson, received 134 votes, according to the county website.
An affidavit of probable cause states that Haverford Police Officer David Vernacchio was called to the area of East Manoa Road and Darby Road at about 12:54 a.m. March 5 for a motor vehicle accident involving injuries. The affidavit does not state who was injured or to what extent.
Reilly told Vernacchio that she was driving on Manoa Road toward Darby Road when she struck the other vehicle, according to the affidavit. Reilly allegedly said she did not see the other vehicle in front of her and was unable to stop in time to avoid a collision.
Vernacchio states in the affidavit that Reilly’s eyes appeared bloodshot and he could detect an odor of alcohol coming off her. She was removed the vehicle and appeared unsteady on her feet, according to the affidavit.
When asked if she had consumed any alcohol that night, Reilly allegedly told police she had one glass of wine with dinner around 9 p.m. Vernacchio said Reilly consented to performing field sobriety tests at the nearby police headquarters due to the extreme cold and slope of the street at the scene of the accident.
During the field sobriety tests, Vernacchio found Reilly lacked smooth tracking in both eyes and exhibited sustained involuntary eye movements during a horizontal gaze nystagmus test, according to the affidavit.
Reilly also asked repeated questions during a “walk and turn” test, missed several heel-to-toe steps, did not complete a turn correctly, and exhibited poor balance, the affidavit says.
She was finally administered a one-leg stand test. Reilly continued to ask questions after instructions were given, swayed while balancing, and put her foot down after 10 seconds and 14 seconds during two attempts, according to the affidavit.
Vernacchio determined Reilly was incapable of safely operating a vehicle and placed her under arrest. She was transported to the Delaware County Memorial Hospital for a blood draw at 2:12 a.m., according to the affidavit.
Reilly was charged with DUI for controlled substance - impaired ability and DUI for controlled substance - combination alcohol/drugs, both misdemeanors, as well as a summary offense for driving at unsafe speeds.
Reilly did not comment, but Hilles said the specific section of the DUI law dealing with a combination of alcohol and drugs was due to a “routinely prescribed medication” she was taking at the time and that had been prescribed to her by a physician.
Hilles said Reilly’s blood alcohol content was .11 percent, slightly higher than the legal limit of 0.08 percent. Hilles also noted the ARD conditions were all standard court-ordered provisions for a DUI and Reilly did not receive any additional conditions specific to her case.
“Miss Reilly is a good, law-abiding person and a great mother to her children,” said Hilles. “This has been an upsetting experience for her, but she is determined to put this behind her and move forward in life in a positive way.”