Even after a Pennsylvania municipal judge ruled that the arresting officers' testimony was "impossible" for the court to accept, another judge has ruled to reinstate DUI charges against state Representative Cherelle Parker. The evidence against the legislator was thrown out in November when the first judge, Charles Hayden, decided the arresting officers' testimony was not credible.

Hayden's ruling was appealed after it was discovered by the media that he and Parker were Facebook friends. The judge was asked to recuse himself on the grounds that he shouldn't have accepted the case since he was connected with the lawmaker through social media.

Parker's attorney said he was "shocked" that the court reinstated the DUI charges. He went on to say that he had worked on more than 15,000 DUI cases and that the police officers' testimony in this case was the "worst testimony I've ever seen."

Apparently, the judge who reinstated the charges was not even present in the courtroom during the police officers' testimony.

"You can't just reverse somebody because the Commonwealth makes the argument that they should be reversed," said Parker's attorney.

Police claim the legislator blew a .16 on a blood-alcohol test the night she was arrested. Police also claim Parker told them that she had two beers and a chocolate martini at a local restaurant, but Parker denies that allegation.

As usual, the police testimony claims that the driver's eyes were glassy and that her breath smelled of alcohol. It was also claimed that she didn't have her driver's license, registration or insurance card. The police pulled over Parker because, they say, she was driving the wrong way down a one-way street.

However, the written police report apparently didn't make any mention of Parker's eyes being glassy, and even if it had, glassy or red eyes don't necessarily indicate that a person has been drinking.

The first judge, Hayden, ruled in November that there were numerous inconsistencies in the arresting officers' testimony. He said that one of the officers apparently had a "zero tolerance for drinking."

Readers in Pittsburgh may want follow this case, as it may demonstrate just how important a solid defense is when police and prosecutors have their minds set on a DUI conviction, even if a judge has already thrown out the case because of nonsensical testimony from police.

Source: newsworks.org, "DUI charges reinstated against Pa. state Rep. Cherelle Parker," Aaron Moselle, Jan. 17, 2012