UPDATE: The DUI charge against Brandon Markosek was dropped and he said he paid the fine for speeding.

HARRISBURG, Pa. (KDKA/AP) – A state representative from Monroeville has been charged with a DUI.

An East Pennsboro Township Police officer pulled 26-year-old Democrat Brandon Markosek over on Sept. 28 just outside of Harrisburg.

Markosek was pulled over for allegedly going 53 mph in a 35 mph zone. According to the criminal complaint, the officer smelled alcohol on Markosek’s breath and noticed his eyes were glassy.

(Photo Credit: East Pennsboro Township Police Department)

The officer then took him into custody.

However, a blood test taken about an hour and 10 minutes later found his blood alcohol level to be below the legal limit. The criminal complaint says Markosek’s BAC was 0.058 percent, while the legal limit in Pennsylvania is 0.08 percent.

Markosek represents the 25th district of Allegheny County, which includes Monroeville, East Pittsburgh and McKeesport.

He is due in court next month.

His attorney issued a statement, saying: “We expect the charge against him will be dismissed. Per the police report, his blood alcohol was .058% which is well below the legal limit.”

The Associated Press reports House Democratic spokesman Bill Patton called the arrest puzzling and declined further comment.

Rep. Markosek’s attorney issued a statement, saying:

“We expect the charge against him will be dismissed. Per the police report, his blood alcohol was .058÷ which is well below the legal limit.”

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