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DUI charges against Pennsylvania parole officer Michael David Naylor were dismissed by York County Court of Common Pleas Judge Thomas H. Kelley. Naylor was charged with assault, driving on the wrong side of the road and DUI.

Judge Kelley concluded that the evidence was not sufficient to prove that Naylor was so impaired that he was incapable of safe driving or that the traffic accident caused by Naylor driving over the center line and into oncoming traffic was due to alcohol. Naylor’s blood alcohol level, based upon a serum plasma test was .085. However, blood alcohol content (BAC) is determined based upon the whole blood level. After converting the serum plasma result, Naylor’s blood alcohol level was determined to be below the .08 BAC limit.

The Commonwealth is considering filing an appeal.

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