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W.Va. man gets DUI sentence in Pa. after fatal wreck

July 21, 1999|By DON AINES

CHAMBERSBURG, Pa. - A Virginia man was sentenced Wednesday in Franklin County Court to at least six months in jail for driving under the influence in a fatal accident last year.

David H. Wedekind, 29, of 2000 Martinsburg Pike, Winchester, Va., was charged with driving under the influence in the Sept. 12, 1998, accident that killed Alma Biser, 81, of 25 N. Potomac St., Waynesboro, Pa. She died about two hours after the accident, which occurred at the intersection of North Church and North streets in Waynesboro.

According to court records, police said Wedekind was northbound on North Church Street when Biser's car pulled into his path. Biser's car was being driven by Anna Mummert, 74, who lived in the same apartment house as Biser.

Wedekind's car struck the front left fender and driver's door of the other car. The Waynesboro Police Department affidavit of probable cause said Biser was not wearing a seatbelt and was thrown from the car. Mummert was injured in the accident.

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Wedekind, formerly of Blue Ridge Summit, Pa., had a blood alcohol level of 0.14 percent, according to police records. The level of legal intoxication in Pennsylvania is 0.10 percent.

The criminal complaint against Wedekind was filed Jan. 7 of this year charging him with driving under the influence.

"There was a factual question as to the legal cause," Assistant District Attorney David W. Rahauser said after the sentencing. "The ladies had clearly pulled from a stop sign into the defendant's lane of travel," he said.

"It was impossible (to determine) which was the cause of the accident, the speed or the failure to yield the right-of-way," Rahauser said.

Senior Judge John W. Keller sentenced Wedekind to serve between six months and 23 months plus 20 days in Franklin County Prison. He was fined $450.

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