Fossella ends drunk driving appeal, will do jail time

Former Rep. Vito Fossella (R-N.Y.) has ended his drunk driving case from 2007, pleading guilty in a Virginia court instead of pursuing an appeal.

Fossella had been convicted last year of misdemeanor drunk driving and sentenced to five days in jail, but appealed the conviction, arguing breathalyzer technology was flawed.

That appeal entitled the former Staten Island lawmaker to a new jury trial, for which selection was set to begin today, according to NY1. Fossella unexpectedly withdrew that appeal, and will begin serving his sentence as soon as the end of this week.

Fossella’s arrest and subsequent admission to having fathered a child out of wedlock essentially ended his political career, forcing Fossella to retire instead of seeking reelection in 2008. Fossella’s political departure led to a takeover for Democrats after Rep. Michael McMahon won the seat.

According to NY1, Fossella’s attorneys cited the drunk driving death of L.A. Angels pitcher Nick Adenhart as a motivation for entering the plea.