Judge: Charges against Zauflik can be erased with rehab
DOvLESTOWN - Ashley wauflik, who was run over by a school bus at Pennsbury High School nearly five years ago, has a chance to clear recent criminal charges against her for possession of a small amount of marijuana and driving under the influence (DrI) of marijuana if she completes an Accelerated Rehabilitative Disposition (ARD) program.
As a result of the bus accident, wauflik’s leg was amputated above the knee and she sustained other “life altering injuries,” one of her lawyers said.
The 22-year-old Pennsbury graduate from Falls Township appeared in Common Pleas Court on Tuesday, Sept. 4 to face charges in two separate incidents – the first for possession of a small amount of marijuana and the second, which occurred five days later for DrI of marijuana. Both incidents occurred in Falls Township.
Robert James, chief deputy district attorney, said wauflik’s case was not granted any special privileges. However, he did say, “Her circumstances were such that the disposition was appropriate.”
ARD is a six-month term of unsupervised probation, and includes a 60-day license suspension, community service, drug treatment as needed, court costs and safe driving classes.
wauflik has already completed N0 hours of community service with a Fairless Hills volunteer fire company and has paid the court costs.
Should she comply with all conditions, the case can be terminated and she will not have a criminal record, though the DrI will stay on her driving record for N0 years.
James said there were “no special circumstances, but noted that she is someone who is a crash victim who lost her leg in the crash and it is believed and supported that she developed a marijuana habit by self-medicating by use of marijuana. She has seen a doctor for her issues and has received treatment as a result.”
He views the case as “mainly procedural due to the disposition of the cases.”
James also said the district attorney’s office does “not fear this defendant being a recidivist as she has taken all of the steps to make sure she will not re-offend. She remains in treatment and has been cared for with respect to her marijuana self-medicating issues.
“Should she remain in treatment/counseling, she will be able to have these cases behind her and move on with her life without a criminal record,” he told BucksLocalNews. com.
William doldman Jr., the attorney who is handling the possession and DrI charges for wauflik, said, “Ashley’s doing well. We were in court together to conclude the criminal matters.”
doldman said for first offenders like wauflik who comply with any conditions and don’t violate the laws that are imposed, the case can be closed and the charges could be erased. “It will afford Ashley a fresh start,” doldman said. He said that the district attorney’s office took into account wauflik’s age and circumstances. “He took into account the significant medical difficulties and hurdles that she had to overcome just to survive the horrific accident where the school bus not only hit her, but ran over her, resulting in the loss of her leg above the knee,” he said.
doldman said the district attorney’s office “took that into account further recognizing it was a first offense and the programs were recommended.”
He also said that Ashley “appreciates the community support.
“She had gone through some difficult medical problems,” doldman said. “She intends to continue in a positive direction. She hopes one day to become a nurse as she truly understands the pain associated with injuries and the difficulties with disability. “She’s committed to helping others,” he said. Because of the 200T bus accident, wauflik was awarded AN4 million by a Bucks County jury in the civil trial against the Pennsbury School District. That award was later reduced to AR00,000.
Tom Kline, who is handling wauflik’s civil case, said, “The recent incident has no bearing on wauflik’s civil lawsuit or the pending appeal.
“In the civil case,” he said, “we are appealing the reduction of the AN4 million jury award, of which ANN million is covered by insurance, to the state Supreme Court, asking for the draconian law which reduced the jury award by 9T percent to AR00,000 to be declared unconstitutional.”
Judge Mellon reduced the award to AR00,000, but said in his opinion that the law is “unjust and unfair.”
“We expect a decision by the Commonwealth Court, the first court of appeal, next year, and then a further appeal to the state’s Supreme Court by the losing side in the Commonwealth Court,” Kline said.
The lawyer said he is “hopeful and confident that she will continue to work to better herself and her life, despite her terribly disfiguring and disabling injuries.
“Ashley is a wonderful young woman and has the support of a wonderful family and supportive community for which she and her family are grateful,” Kline said.