||Hoicker, Gary C.
|DBP Docket No.
||53 DB 2009
|Supreme Court Docket No.
||1482 DD No. 3
||Carmen C. Nasuti
|Counsel for Respondent
||Stuart L. Haimowitz
||Respondent was convicted in Delaware County of driving under the influence of alcohol and a controlled substance (cocaine) and recklessly endangering another person. Chemical testing established that Respondent was under the influence of both alcohol and cocaine. The DUI conviction was Respondent’s second conviction DUI.
Respondent was also convicted in Montgomery County of the summary offense of harassment. Respondent had a history of prior discipline consisting of a private reprimand and two years’ probation with sobriety conditions for his first DUI conviction with Respondent successfully completing the probation.
Respondent received Braun mitigation in connection with his prior discipline for DUI and established through an expert report that the Braun mitigation should be extended to this conviction for DUI as well.
||RPC 8.4(b); and Pa.R.D.E. 203(b)(1) via Pa.R.D.E. 214
||Suspension for 2 years, stayed in full with probation for 2 1/2 years with conditions (on consent)
|Points of Law
||Consent discipline of a two year suspension, suspension stayed in its entirety, and Respondent placed on probation for a period of two and one-half years with various conditions designed to effect sobriety, including abstinence from alcohol or any other mind-altering chemical, appointment of a sobriety monitor, and weekly attendance at AA meetings.