Disgraced Congressman Vito Fossella said nothing after a judge sentenced him to five days in jail Monday for driving under the influence of alcohol.

But Fossella isn’t going behind bars just yet. That’s because he is appealing the decision.

Fossella’s lawyer, Barry Pollack, said, “Congressman Fossella has filed his appeal, which makes this the beginning of the process, which is a trial by jury.”

Lawyers for Fossella argued that the breathalyzer tests given to the Congressman were faulty because they showed different results.

Shortly before the sentencing, Fossella’s lawyers brought in a waiter at the tavern where Fossella was drinking. He testified that the Congressman did not appear drunk, contradicting what the police said they had witnessed when they found his blood alcohol level to be above the legal limit.

“We simply disagree with the commonwealth’s decision that he was intoxicated over that legal limit. We believe that when all the evidence is considered by a jury, it will conclude the same thing,” said Pollock.

The arrest in May led to Fossella’s downfall, after it was also revealed that he fathered a child in an extramarital affair. Fossella did not run for reelection and will be out of office in just a few weeks, though there are rumors that he wants to run for elected office again.

With the appeal now filed, lawyers for Fossella expect the new trial to begin within the next three months.

Source: NY1