ALEXANDRIA, Va. -- Disgraced Rep. Vito Fossella has been sentenced to five days in jail for drunken driving.
Judge Becky Moore decided Fossella was so drunk he met the legal threshold for a five-day stint in jail. He was ordered to serve his sentence beginning Dec. 19, but his attorneys immediately filed an appeal, which means he is again presumed innocent and will be tried in front of a jury in circuit court.
Fossella's May 1 arrest led to revelations he had fathered a child through an extramarital affair. Buffeted by questions about his personal secrets, Fossella chose not to seek re-election and will leave Congress next month.
Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Fossella's blood alcohol content was 0.17, police said. Fossella's attorneys are arguing that the test of Fossella was faulty.
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