Nicholaus DeSimone is a troubled young man and is facing his second DUI charge at the ripe age of 20.
This time, DeSimone not only damaged his own car and caused injuries to himself, he also struck a flagman in an active work zone, reports the Daily Times. To make matters worse, DeSimone was not arrested for ordinary drunk driving, but instead cops found heroin and syringes in his car and the 20-year-old has been charged with driving under the influence of a controlled substance.
Staying away from hard drugs was apparently not one of DeSimone's New Year's resolutions. Just two days into 2012, the West Chester man drove his Acura into a construction worker on Providence Road, reports the Daily Times.
The flagman escaped serious injuries, but was sent to a hospital anyway.
At the stop, police reportedly found drugs and drug paraphernalia on DeSimone, and also discovered that there was an active warrant out for his arrest from a prior DUI and drug possession charge, according to the Daily Times.
With his past history and causing an injury to an innocent bystander, DeSimone could now go to jail for five years. Generally, when someone causes a DUI accident resulting in bodily injury (though not serious bodily injury), the driver faces a jail term of less than six months.
However, when someone is arrested for driving under the influence of a controlled substance like heroin, and has a prior history of the DUI, the driver faces a first degree misdemeanor charge and up to five years in jail.
Given Nicholaus DeSimone's DUI history and outstanding warrant, it's probably a good bet he'll receive a sentence close to five years if convicted.
Related Resources:
- Find a Philadelphia DUI Attorney (FindLaw)
- Man with Active DUI Warrant Strikes Constructer Worker with Car (Patch.com)
- Pennsylvania DUI Laws (FindLaw)
- Ask A Question about DUI now (FindLaw Answers)
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