Choosing the Best DUI Attorney
Why do you need a lawyer?
a. The criminal justice system is complicated. The District Attorney’s Office is staffed with attorneys whose sole responsibility is to convict you of DUI. They are not on your side. A good defense lawyer can protect you from being wrongfully convicted of DUI, punished too severely for DUI, or convicted based upon tainted or wrongfully obtained evidence.
How do you choose the Best DUI Attorney for my case?
a. Every lawyer is different. Each attorney has a unique set of skills and knowledge.
b. A high priced lawyer may not be the best lawyer for your case. The cheapest lawyer may not be the best value.
c. You should visit the attorney’s website. To see my website and to learn more about my knowledge and services, visit www.CentralPennDUIDefense.com
d. Ask questions. Below, I have listed questions that I think every lawyer should be prepared to answer. I have provided my answers. If you choose to call other attorneys, I encourage you to use this list as a guide.
BACKGROUND, EXPERIENCE, AND PRACTICE
1. Are you an experienced DUI Attorney?
a. Yes. Since 1990, I have viewed DUI cases from every possible angle. As a former police officer, prosecutor, and now as a defense attorney, I have reviewed hundreds of DUI cases. I know and understand the procedures and tactics used by law enforcement officers. I understand the weaknesses of the field sobriety tests, the blood & breath tests, and report writing skills of law enforcement and, more importantly, how to use those weaknesses to the advantage of my client.
2. I want a specialist: How much of your practice is dedicated to representing DUI Defendants?
a. It is unethical for an attorney to call himself a “specialist.” However, 75% of my practice is dedicated to DUI Defense
3. What other areas of law do you practice?
a. I limit my practice to DUI Defense, Criminal Defense, Traffic Defense, Post-Conviction Relief (Appeals, Pardons, & Expungements)
4. Are you a member of the National Association of Criminal Defense Lawyers and/or the Pennsylvania Association of Criminal Defense Lawyers?
a. Yes. I am committed to Criminal & DUI Defense and these organizations provide a great deal of support to help me achieve the best result for my clients.
5. Are you a former prosecutor? / How does this impact my case?
a. Yes. I am a former prosecutor. I have worked for the Las Vegas, Nevada District Attorney’s Office, the Cumberland County District Attorney’s Office, and the Lancaster County District Attorney’s Office. I know and understand the prosecutor’s manner of preparing cases, the goals of the prosecutor, and the best way to utilize those factors to the benefit of my client.
6. Are you a former police officer? / How does this impact my case?
a. Yes. I am a former law enforcement officer. I was first sworn in as a Police Officer in 1990. In my most recent capacity, I was my unit’s traffic enforcement/DUI Specialist. I received advanced training in the administration of breath testing as well as Field Sobriety Testing. I personally administered the tests on hundreds of occasions. I know the weaknesses of these tests at a different level than most attorneys.
7. I want an attorney who will devote time and energy to my case: Do you accept court appointments (cases assigned by the court when the defendant does not have the money to retain an attorney with their own funds)?
a. No. I only accept private-pay clients. I devote my practice to helping my clients achieve the best possible outcome for their case. Attorneys who accept court appointments do not have any control over the number and quality of the cases they are assigned. I became a lawyer to help people, not to move people from one part of the system to the other.
8. I want an attorney who will communicate with me: Do you return phone calls / emails promptly?
a. Yes. Communication is the key to a successful lawyer-client relationship in a DUI case! Email is preferred, because I can respond to your question immediately, even while in court. If you call and leave a message, I will contact you within minutes or hours, not days.
APPROACH TO YOUR CASE
9. I just want to apply for the ARD program: Do I need an attorney?
a. It depends. If you are eligible for the ARD Program and you know and understand that ARD is the lesser of two evils, but have decided that you are willing to enter the program without a full evaluation of your case, you may be able to get through ARD without lawyer. (I know it seems strange to have a lawyer tell you that… But, I believe in being honest.)
b. If your first contact with an attorney leaves you feeling like ARD is your only goal, without evaluating your case fully, you must evaluate whether or not his/her services are worth your hard-earned money.
c. ARD is not your only option. It is a good program, but not a great program. You should hire a lawyer who will fully and fairly evaluate your case before you make any decision about ARD.
10. What are your goals for my case?
a. Dismissal of Charges
b. Avoid Jail
c. Avoid License Suspension
11. Do you take DUI cases to trial?
a. Yes. IF it is in your best interest to take a case to trial, I will recommend trial. Trial is about achieving the best result for your case. It isn’t about padding my resume.
12. Do you recommend ARD is some cases?
a. Yes. In some cases, your charges may be resolved by ARD IF your case is not winnable. However, I only recommend ARD after a full and fair evaluation of your case. (See Brochure).
13. Have you had a DUI case dismissed completely at the preliminary hearing?
a. Yes. Although I cannot guarantee this result. It is something I strive for in every case.
14. Are you able to negotiate a reduction in charges at a preliminary hearing?
a. Yes. In most cases, I am able to obtain a reduction of charges or dismissal of some charges at your preliminary hearing.
KNOWLEDGE OF DEFENSE STRATEGIES
Medical Condition
15. I have a medical condition, does this matter?
a. Yes. Your medical condition can affect your ability to perform field sobriety tests, your breath testing results, and/or your blood test results. Your medical condition is vitally important to your defense.
b. If you were involved in a motor vehicle accident as part of your case, your Blood Alcohol Content result can be affected.
c. If I recommend your case for trial, I may ask for your authorization to release your medical records.
d. I have a Legal Nurse Consultant (A Registered Nurse with over 17 years of experience) available who will review your records.
e. If you medical condition impacts your case, it can be a viable defense.
Field Sobriety Tests & Drug Recognition Experts
16. I “failed” my field sobriety tests (FST) does this mean I am guilty?
a. No. Field Sobriety Tests were designed to determine whether or not a person has a blood alcohol level above a .10%. Even when properly administered, they are effective less than 70% of the time. They are rarely administered properly.
17. Have you received advanced training in the area of Field Sobriety Testing?
a. Yes. I was first certified in the use of Field Sobriety Tests in 1990 as a police officer. I subsequently was certified in 1994 and 1998. I currently possess all manuals utilized by police officers since 2004. In addition, as recently as 2011, received advanced instruction on cross-examination related to FST.
18. The officer who examined me was a Drug Recognition Expert (DRE). Does this mean I am guilty?
a. No. Recognition of a police officer as an “Expert” has not been accepted in all counties in Pennsylvania. Moreover, even if the officer is certified as an “expert,” he is subject to cross-examination based upon his personal observations. Police Officers should not be performing medical examinations.
Blood & Breath Testing
19. My Blood Alcohol Content (BAC) / Breath Alcohol Content (BrAC) was above the legal limit. Does this mean I am guilty?
a. No. It means that law enforcement has provided an estimate of your blood alcohol content. The Commonwealth must prove, beyond a reasonable doubt, that your BAC/BrAC was above the legal limit. More information is below.
20. Drugs were found in my blood 75 Pa.C.S.A. 3802(d); does this mean I am guilty?
a. It depends. In some cases, the Commonwealth need only establish that you blood contained a certain level of certain Schedule I and Schedule II controlled substances, such as marijuana or cocaine. In other cases, the Commonwealth must establish that the drugs in your system impaired your ability to safely operate a motor vehicle. They must do so with the assistance of an expert. That costs money. Therefore, the Commonwealth may be willing to reduce your charges prior to trial. Or, in the alternative, you may take the case to trial.
21. How does a Breathalyzer work?
a. Poorly. In simple terms, an infrared light is produced and is shone through the particles of your breath to determine whether there is a presence of the molecules consistent with ETOH (Ethyl Alcohol). The device then calculates the amount of alcohol to determine the grams of alcohol which would be present in 210 liters of breath. If the result is 8 grams of alcohol per 210 liters (the equivalent of 105 2-liter bottles of soda) you will be subject to charges.
b. Operator error impacts the reliability of the device.
c. It is not accurate (Think of your two results, are they identical? In most cases no)
22. Are you able to challenge a Breathalyzer in court?
a. Yes. Absolutely. This is particularly true when the consequences are high (second or third offense) or the result is close to a lower level (.110 or .170).
23. I’ve heard that blood testing is more accurate than breath testing. How is my blood tested?
a. There are two primary means of testing your blood for the presence of alcohol. The blood can be tested utilizing serum or whole blood.
24. What is the difference between Serum Testing and Laboratory (Gas Chromatography) Testing?
a. Serum testing is less accurate than whole blood testing and is known to produce a higher result that must be converted using mathematics and a conversion rate found in a book. The medical technicians often testify that they do not know why they utilize a particular conversion rate.
25. Are you able to challenge a blood test in court?
a. Absolutely.
FEES
26. How much is your fee?
a. Your case is unique. If you have received an advertisement from an attorney that quotes a particular fee, you are buying a product, not a service. Your fee should be based on your personal goals and circumstances.
b. You are facing a very difficult time in your life. Now, more than ever, you need to be assured that your attorney provides personal service.
c. My fee is based upon a number of factors, described below. However, the most important factor is your personal goals.
d. During your FREE consultation, we will discuss the facts of your case, your goals, the services I will provide, and my fee. You will receive a fee agreement that details, in writing, the services I will provide.
27. I don’t have a lot of money: Can I afford to pay you?
a. Yes. I have taken extraordinary steps to make my services more affordable by reducing overhead expenses and increasing my use of technology. After our initial consultation, you will receive a packet of information which details my fees, my services, and the unique aspects of my practice which result in a better value.
28. What options do I have for making payment?
a. You may pay by check or credit card
b. You may enroll in an affordable payment plan
29. How do you calculate your fee?
a. A “One Size Fits All” legal fee is not your best option. Your case is unique.
i. EXAMPLE: If you were asked to tell me the price of a 2011 General Motors car, it would be impossible to quote one price. A Cadillac costs more than a Chevy. A Chevy Camaro costs more than a Chevy Impala. Even on the same car, the additional options make the price of every vehicle different. The same is true for legal services.
b. After I have the opportunity to speak with you about your case, I can quote a fee.
c. My fee is calculated based upon my knowledge, experience, the time I will spend on your case, and the complexities of your case.
d. My fee is based on Three Categories (1) ARD Recommended, (2) Non-ARD Services, and (3) Trial Services. Each level of service requires differing amounts of time as well as differing amounts of effort and preparation. Before you decide to retain me, you will have a written document that explains, in detail, the services I will provide.
e. You have a right to know this information. Ask for it.
30. How do I learn more about your fees and services?
a. Call me at 1-888-821-9446 or go online to www.CentralPennDUIdefense.com to submit a free case evaluation.
b. The consultation is FREE.
c. Based upon the information you provide, I will quote a fee.
d. I will provide you with the following information (FREE).
ii. Welcome Brochure (so you can learn more about me and my firm)
iii. An Agreement for Legal Services
iv. A comprehensive list of my services as well as the fee for each service.
e. A self-addressed stamped envelope to return the Agreement to me when you decide that I am the best lawyer to represent you.
31. What do I do next?
a. Call me at 1-888-821-9446 for a free consultation.
My name is F. Dean Morgan, Esquire. I represent DUI Defendants and ARD participants in Cumberland County, Dauphin County, Franklin County, Lancaster County, and York County. I represent individuals facing their third offense DUI case throughout all of Pennsylvania. Call me today at 1-888-821-9446 for a free consultation.
The Associates, Senior Attorneys and Staff of my firm represent individuals charged with DUI throughout Pennsylvania. In every case, including those eligible for the ARD Program, we always perform a full and fair evaluation of your case.
Friday, September 30, 2011
Tuesday, September 27, 2011
Why a Full & Fair Evaluation is Important for your DUI case...
DO NOT WAIVE YOUR PRELIMINARY HEARING UNTIL YOU KNOW THE FACTS:
The purpose of the Preliminary Hearing is to allow a Magisterial District Judge the opportunity to review the evidence of the government to determine if sufficient evidence exists to forward the case to the Court of Common Pleas.
This is a very important stage in the process in your DUI Case. You have the RIGHT to know the strengths and weaknesses of the government’s case. Your lawyer has the obligation to fully evaluate the case before rendering legal advice.
Attorney F. Dean Morgan will NEVER advise you to waive your preliminary hearing until a FULL & FAIR CASE EVALUATION has been completed.
THE IMPORTANCE OF A FULL & FAIR CASE EVALUATION
Our FULL & FAIR CASE EVALUATION begins during our initial telephone conversation. We will collect all of the important information necessary to complete the initial stage of our evaluation. A FULL & FAIR CASE EVALUATION requires that we learn about the most important part of the case - YOU.
After you retain our firm, our FULL & FAIR CASE EVALUATION CONTINUES at the Preliminary Hearing. We NEVER advise you to waive the hearing in a DUI case until we have an opportunity to perform a complete review the government’s case. Experience has taught Attorney Morgan that law enforcement officers make mistakes. It is important to fully evaluate the case because the stakes are this high!
Even if you are eligible for ARD, the FULL & FAIR CASE EVALUATION will include an evaluation of these defenses:
Did the Officer have the right to stop your vehicle?
Were the Field Sobriety Tests Properly Administered?
Were other factors considered when the officer decided to arrest you?
Inaccuracy of Breath Testing Device
Deficiencies in Blood Alcohol Testing in Blood Cases
After we have fully examined the potential success of these, and other, defenses, you will receive the results of the FULL & FAIR EVALUATION including a categorization and recommendation as to how to proceed.
We will categorize your case as either:
Winnable,
Defensible,
Vulnerable, or
ARD Recommended
Understanding how stressful Court can be, we will also provide a comprehensive written evaluation that fully explains the basis for our categorization and recommendation.
SERVICES AFTER THE PRELIMINARY HEARING
Following the preliminary hearing, we will continue to deliver services consistent with our recommendation.
If ARD is recommended: We will keep in contact and provide follow-up assistance to make sure you stay on track and complete the program. If you have a question, call or email us anytime.
If ARD is not recommended: Prior to trial, Attorney Morgan examines every possible defense and file appropriate motions that are supported by current Pennsylvania Law.
The Vulnerable Case: Atty. Morgan will negotiate zealously on your behalf in an effort to reduce the potential penalties.
The Defensible/Winnable Case: Attorney Morgan will represent your interests diligently relying on the experience that comes from being a Police Officer, Prosecutor, and Defense Attorney in the Criminal Justice System since 1990.
DO NOT DELAY: We must limit our representation to only a select few clients to assure the best possible results:
CALL 1-888-821-9446 or go online to www.CentralPennDUIDefense.com
My name is F. Dean Morgan. I am a DUI Defense Attorney in Central Pennsylvania. I represent clients charged with DUI in Cumberland, Dauphin, Franklin, Lancaster, and York County, Pennsylvania. I represent individuals facing serious DUI penalties throughout Pennsylvania. Choose the Best DUI Attorney in Central Pennsylvania for your case.
The purpose of the Preliminary Hearing is to allow a Magisterial District Judge the opportunity to review the evidence of the government to determine if sufficient evidence exists to forward the case to the Court of Common Pleas.
This is a very important stage in the process in your DUI Case. You have the RIGHT to know the strengths and weaknesses of the government’s case. Your lawyer has the obligation to fully evaluate the case before rendering legal advice.
Attorney F. Dean Morgan will NEVER advise you to waive your preliminary hearing until a FULL & FAIR CASE EVALUATION has been completed.
THE IMPORTANCE OF A FULL & FAIR CASE EVALUATION
Our FULL & FAIR CASE EVALUATION begins during our initial telephone conversation. We will collect all of the important information necessary to complete the initial stage of our evaluation. A FULL & FAIR CASE EVALUATION requires that we learn about the most important part of the case - YOU.
After you retain our firm, our FULL & FAIR CASE EVALUATION CONTINUES at the Preliminary Hearing. We NEVER advise you to waive the hearing in a DUI case until we have an opportunity to perform a complete review the government’s case. Experience has taught Attorney Morgan that law enforcement officers make mistakes. It is important to fully evaluate the case because the stakes are this high!
Even if you are eligible for ARD, the FULL & FAIR CASE EVALUATION will include an evaluation of these defenses:
Did the Officer have the right to stop your vehicle?
Were the Field Sobriety Tests Properly Administered?
Were other factors considered when the officer decided to arrest you?
Inaccuracy of Breath Testing Device
Deficiencies in Blood Alcohol Testing in Blood Cases
After we have fully examined the potential success of these, and other, defenses, you will receive the results of the FULL & FAIR EVALUATION including a categorization and recommendation as to how to proceed.
We will categorize your case as either:
Winnable,
Defensible,
Vulnerable, or
ARD Recommended
Understanding how stressful Court can be, we will also provide a comprehensive written evaluation that fully explains the basis for our categorization and recommendation.
SERVICES AFTER THE PRELIMINARY HEARING
Following the preliminary hearing, we will continue to deliver services consistent with our recommendation.
If ARD is recommended: We will keep in contact and provide follow-up assistance to make sure you stay on track and complete the program. If you have a question, call or email us anytime.
If ARD is not recommended: Prior to trial, Attorney Morgan examines every possible defense and file appropriate motions that are supported by current Pennsylvania Law.
The Vulnerable Case: Atty. Morgan will negotiate zealously on your behalf in an effort to reduce the potential penalties.
The Defensible/Winnable Case: Attorney Morgan will represent your interests diligently relying on the experience that comes from being a Police Officer, Prosecutor, and Defense Attorney in the Criminal Justice System since 1990.
DO NOT DELAY: We must limit our representation to only a select few clients to assure the best possible results:
CALL 1-888-821-9446 or go online to www.CentralPennDUIDefense.com
My name is F. Dean Morgan. I am a DUI Defense Attorney in Central Pennsylvania. I represent clients charged with DUI in Cumberland, Dauphin, Franklin, Lancaster, and York County, Pennsylvania. I represent individuals facing serious DUI penalties throughout Pennsylvania. Choose the Best DUI Attorney in Central Pennsylvania for your case.
Driving Under Suspension in Pennsylvania
What are the penalties for driving under suspension in Pennsylvania? Well, the answer depends on the basis of your suspension.
If you suspension is DUI related, you will likely be charged under section 1543(b) of the Vehicle Code. If convicted of an offense under 1543(b)(1), you will be sentenced to jail for a period of not less than 60 days and you will be fined $500.00
If your suspension is DUI related and you had a blood alcohol content of at least .02, you will be charged under section 1543(b)(1.1) and, upon conviction you will be sentenced to jail for 90 days and pay a fine of $1000.00. If this is your second conviction under (b)(1.1), you will be charged with a misdemeanor 3 and, upon conviction, will be sentenced to jail for 6 months. If this is your third conviction under (b)(1.1), you will be sentenced to prison for at least 2 years.
If you are suspended for any reason other that DUI, you will likely be sentenced to pay a fine. However, the court has the authority to sentence you to jail under Section 6503 of the Vehicle Code for your second, third, fourth, or fifth conviction. After your sixth conviction, the court must sentence you to at least 30 days in jail.
You need a lawyer. You need one now. Call Attorney F. Dean Morgan at 1-888-821-9446 or go online to www.CentralPennDefense.com.
My name is F. Dean Morgan. I am a DUI & Criminal Defense Attorney in Central Pennsylvania. I defend people charged with Driving Under Suspension in violation of 75 Pa.C.S.A. 1543(a), 75 Pa.C.S.A. 1543(b), and 75 Pa.C.S.A. 1543(b)(1.1) in Camp Hill, Carlisle, Elizabethtown, Harrisburg, Hershey, Lancaster, Mount Joy, and throughout Central Pennsylvania.
If you suspension is DUI related, you will likely be charged under section 1543(b) of the Vehicle Code. If convicted of an offense under 1543(b)(1), you will be sentenced to jail for a period of not less than 60 days and you will be fined $500.00
If your suspension is DUI related and you had a blood alcohol content of at least .02, you will be charged under section 1543(b)(1.1) and, upon conviction you will be sentenced to jail for 90 days and pay a fine of $1000.00. If this is your second conviction under (b)(1.1), you will be charged with a misdemeanor 3 and, upon conviction, will be sentenced to jail for 6 months. If this is your third conviction under (b)(1.1), you will be sentenced to prison for at least 2 years.
If you are suspended for any reason other that DUI, you will likely be sentenced to pay a fine. However, the court has the authority to sentence you to jail under Section 6503 of the Vehicle Code for your second, third, fourth, or fifth conviction. After your sixth conviction, the court must sentence you to at least 30 days in jail.
You need a lawyer. You need one now. Call Attorney F. Dean Morgan at 1-888-821-9446 or go online to www.CentralPennDefense.com.
My name is F. Dean Morgan. I am a DUI & Criminal Defense Attorney in Central Pennsylvania. I defend people charged with Driving Under Suspension in violation of 75 Pa.C.S.A. 1543(a), 75 Pa.C.S.A. 1543(b), and 75 Pa.C.S.A. 1543(b)(1.1) in Camp Hill, Carlisle, Elizabethtown, Harrisburg, Hershey, Lancaster, Mount Joy, and throughout Central Pennsylvania.
Monday, September 26, 2011
How much does the ARD Program Cost?
I am often asked, "How much does the ARD Program cost?" In fact, it is probably the most frequently asked question on my website, http://www.CentralPennDUIDefense.com.
Generally, the County will charge between 1200.00 and 2000.00 in "program fees." These fees are most-often non-refundable. Thus, if you are removed from the ARD Program, you will not receive a refund.
Many people consider ARD an easy way out for a first offense DUI. That is simply not the case. ARD is not a gift. ARD is the lesser of two evils. it is best to have an experienced DUI Defense attorney, such as myself, review your case. To receive a free case evaluation click here: www.DUI-Case-Evaluation.com
There is a rumor that ARD is a do-it-yourself project that involves the filing of an application and a couple of court appearances. While it is true that you can apply for ARD by yourself, it is foolish to not have a full and fair case evaluation by a qualified and experienced DUI Defense Attorney such as myself. In fact, the minimal legal fees required for an ARD Representation are an investment that could prove quite rewarding.
While representing a client in Franklin County, PA, I found that the officer lacked probable cause to stop her vehicle. The client, from California, had traveled to Central PA expecting to apply for ARD, return to California, and then make a return trip to Central PA when she was to be entered in the program. She was both surprised and relieved when the charges against her were dismissed completely.
The fact that you have been arrested for DUI (in her case, the BAC was estimated to be over .16%) does not mean that you will be found guilty, nor does it mean that you should accept ARD without first evaluating all of the facts.
I was happy to help her and I will be happy to help you.
I am DUI Defense Attorney F. Dean Morgan. I help people in Cumberland County, PA, Dauphin County, PA, Franklin County, PA, Lancaster County, PA, and York County, PA achieve the best possible outcome in their DUI Cases. To learn more about choosing the Best DUI Attorney in Central Pennsylvania, click here.
Generally, the County will charge between 1200.00 and 2000.00 in "program fees." These fees are most-often non-refundable. Thus, if you are removed from the ARD Program, you will not receive a refund.
Many people consider ARD an easy way out for a first offense DUI. That is simply not the case. ARD is not a gift. ARD is the lesser of two evils. it is best to have an experienced DUI Defense attorney, such as myself, review your case. To receive a free case evaluation click here: www.DUI-Case-Evaluation.com
There is a rumor that ARD is a do-it-yourself project that involves the filing of an application and a couple of court appearances. While it is true that you can apply for ARD by yourself, it is foolish to not have a full and fair case evaluation by a qualified and experienced DUI Defense Attorney such as myself. In fact, the minimal legal fees required for an ARD Representation are an investment that could prove quite rewarding.
While representing a client in Franklin County, PA, I found that the officer lacked probable cause to stop her vehicle. The client, from California, had traveled to Central PA expecting to apply for ARD, return to California, and then make a return trip to Central PA when she was to be entered in the program. She was both surprised and relieved when the charges against her were dismissed completely.
The fact that you have been arrested for DUI (in her case, the BAC was estimated to be over .16%) does not mean that you will be found guilty, nor does it mean that you should accept ARD without first evaluating all of the facts.
I was happy to help her and I will be happy to help you.
I am DUI Defense Attorney F. Dean Morgan. I help people in Cumberland County, PA, Dauphin County, PA, Franklin County, PA, Lancaster County, PA, and York County, PA achieve the best possible outcome in their DUI Cases. To learn more about choosing the Best DUI Attorney in Central Pennsylvania, click here.
Sunday, September 25, 2011
Field Sobriety Tests in Central PA
Field Sobriety Tests are a subjective evaluation of a person's ability to perform certain tasks. Even when properly administered, the field sobriety tests are less than 70% accurate according to the National Highway Traffic Safety Administration (NHTSA) and the Field Sobriety Testing Student Manual.
Unfortunately, Field Sobriety Tests are rarely conducted properly. Althought HGN is regularly administered by law enforcment officers in Harrisburg, Carlisle, Mechanicsburg, Chambersburg, Lancaster, and York, HGN is not admissible in court.
In any DUI case, a good DUI attorney will evaluate the case based upon three specific criteria. First, the attorney should determine whether the officer had probable cause to stop your vehicle / detain you.
Second, the attorney should evaluate your case to determine whether the officer had probable cause to arrest you. The field sobriety tests are part of this evaluation. Even if the tests were not conducted properly, the officer's arrest may be valid.
Finally, the attorney should evaluate the chemical (blood/breath) testing to determine if it was conducted properly.
Even if you BAC exceeded .08, you should not presume that you will be found guilty of the offense. All too often I have found that officers in the field have adopted loose versions of Field Sobriety Tests which, pursuant to their own training manual, are incorrect. I have met officers who have had to admit that a recorded "failure" was incorrect.
It is important that you consult with the best DUI defense attorney for your case. Contact me at 1-888-821-9446 or online at www.CentralPennDUIDefense.com for more information.
Unfortunately, Field Sobriety Tests are rarely conducted properly. Althought HGN is regularly administered by law enforcment officers in Harrisburg, Carlisle, Mechanicsburg, Chambersburg, Lancaster, and York, HGN is not admissible in court.
In any DUI case, a good DUI attorney will evaluate the case based upon three specific criteria. First, the attorney should determine whether the officer had probable cause to stop your vehicle / detain you.
Second, the attorney should evaluate your case to determine whether the officer had probable cause to arrest you. The field sobriety tests are part of this evaluation. Even if the tests were not conducted properly, the officer's arrest may be valid.
Finally, the attorney should evaluate the chemical (blood/breath) testing to determine if it was conducted properly.
Even if you BAC exceeded .08, you should not presume that you will be found guilty of the offense. All too often I have found that officers in the field have adopted loose versions of Field Sobriety Tests which, pursuant to their own training manual, are incorrect. I have met officers who have had to admit that a recorded "failure" was incorrect.
It is important that you consult with the best DUI defense attorney for your case. Contact me at 1-888-821-9446 or online at www.CentralPennDUIDefense.com for more information.
Preliminary Hearing in Central PA
A preliminary hearing is the opportunity to determine whether or not the prosecution, usually the police officer, can establish a prima facie case. In layman's terms, there must be enough evidence to establish that a particular crime was committed and the person charged committed the crime.
For a DUI- Alcohol case, there must be evidence that you drove, operated, or were in actual physical control of a motor vehicle, on a public highway or trafficway, and there is evidence that you had imbibed alcohol. This is a not a determination of guilt or innocence.
Assuming the officer can establish a prima facie case, the District Judge will bind the charges over the to the Court of Common Pleas, set your bail, and notify you of your arraignment. At your arraignment, you generally may enter a plea. Each county has a different procedure.
It is important to note that the preliminary hearing is an important part of your defense. A good defense attorney uses the preliminary hearing as an opportunity to speak with the police officer to determine what, if any, potential defenses are available. While it is highly likely that there is enough evidence to establish a prima facie case, I cannot overemphasize the necessity of having an attorney represent you at a preliminary hearing.
Contact me directly at 1-888-821-9446 or online at www.CentralPennDUIDefense.com
I represent DUI defendants in Cumberland County, Dauphin County, Franklin County, Lancaster County, and York County as well as throughout Pennsylvania. I can help you.
For a DUI- Alcohol case, there must be evidence that you drove, operated, or were in actual physical control of a motor vehicle, on a public highway or trafficway, and there is evidence that you had imbibed alcohol. This is a not a determination of guilt or innocence.
Assuming the officer can establish a prima facie case, the District Judge will bind the charges over the to the Court of Common Pleas, set your bail, and notify you of your arraignment. At your arraignment, you generally may enter a plea. Each county has a different procedure.
It is important to note that the preliminary hearing is an important part of your defense. A good defense attorney uses the preliminary hearing as an opportunity to speak with the police officer to determine what, if any, potential defenses are available. While it is highly likely that there is enough evidence to establish a prima facie case, I cannot overemphasize the necessity of having an attorney represent you at a preliminary hearing.
Contact me directly at 1-888-821-9446 or online at www.CentralPennDUIDefense.com
I represent DUI defendants in Cumberland County, Dauphin County, Franklin County, Lancaster County, and York County as well as throughout Pennsylvania. I can help you.
Lancaster County ARD Program
The Lancaster County ARD (Accelerated Rehabilitative Disposition) Program delays the final resolution of your charges pending the completion of the program. Assuming that you are eligible for the program and complete all of the program requirements, your charges will be dismissed and it is possible to have your criminal record will be expunged.
First, let's talk about eligibility. To be eligible for the ARD Program, this must be your first DUI offense within 10 years, you must be a licensed driver, you must not have been involved in an accident involving personal injury, you must not have been operating a vehicle without insurance, and you must not have had a child under the age of 14 as a passenger in your vehicle. That is the minimum eligibility requirement. However, the District Attorney has additional eligibility requirements related to prior DUIs, prior criminal offenses, and maximum BAC requirements. Therefore, it is important to consult with Lancaster County DUI Defense Attorney, F. Dean Morgan at http://www.CentralPennDUIDefense.com before applying for ARD.
Next, lets talk about why ARD is not always the right option: ARD is the lesser of two evils. yes, it is better than a guilty plea (in most cases), but make no mistake, it is not a "gift." If your BAC is between .10 and .159, you will lose your license for 30 days. If you BAC is above .16, you will lose your license for 60 days. You will not be eligible for an Occupational Limited License (OLL) during that time. If you are thinking about driving during your suspension, your should be aware that there is a minimum 60 days in jail that you will be serving if you are convicted of Driving While Suspended-DUI Related. 90 days if you have a BAC of .02 or above when you are driving while suspended.
If you have a Commercial Driver's License, it will be disqualified for 12 months. If you have a prior major offense, your CDL will be disqualified for life.
You may also have to perform community service. You will have to attend Alcohol Highway Safety School. You will have to have a Drug & Alcohol Evaluation and you may have to go to counseling. You will have to pay some money to the county for the privilege of being a part of the program. Program fees can exceed 1900.00.
You should be aware that if you do successfully complete the program and are subsequently arrested for DUI within the next ten years, your admission to the ARD program will enhance the penalties for the second offense just as if you had pleaded guilty.
Not much of a gift, right? That is why it is absolutely imperative to have your case fully and fairly evaluated by an experienced and knowledgeable DUI Defense Attorney. If you first call to an attorney leads him to recommend ARD without considering any other alternative, you are likely throwing away your money. I have had the unfortunate experience of having to inform a client facing a second offense DUI that his first attorney could have successfully litigated the case to a dismissal if he had simply tried.
ARD is not the best choice for everyone. A good DUI Defense attorney will evaluate your case completely before making such a recommendation. A good DUI defense attorney will consider whether the officer had probable cause to detain you, probable cause to arrest you, and whether the chemical tests were conducted properly and were likely to report the appropriate estimated BAC. Only after considering all available options will a DUI attorney recommend ARD.
Once in the program, you can be removed from the program if you violate the terms and conditions of your ARD probation. If so, your trial right are reinstated, you are presumed innocent until proven guilty. Therefore, it is important that your attorney understand every aspect of your case in case he needs to take it to trial or renegotiate following your removal.
For more information about ARD and DUI Defense, contact me directly at 1-888-821-9446 or online at http://www.CentralPennDUIDefense.com
First, let's talk about eligibility. To be eligible for the ARD Program, this must be your first DUI offense within 10 years, you must be a licensed driver, you must not have been involved in an accident involving personal injury, you must not have been operating a vehicle without insurance, and you must not have had a child under the age of 14 as a passenger in your vehicle. That is the minimum eligibility requirement. However, the District Attorney has additional eligibility requirements related to prior DUIs, prior criminal offenses, and maximum BAC requirements. Therefore, it is important to consult with Lancaster County DUI Defense Attorney, F. Dean Morgan at http://www.CentralPennDUIDefense.com before applying for ARD.
Next, lets talk about why ARD is not always the right option: ARD is the lesser of two evils. yes, it is better than a guilty plea (in most cases), but make no mistake, it is not a "gift." If your BAC is between .10 and .159, you will lose your license for 30 days. If you BAC is above .16, you will lose your license for 60 days. You will not be eligible for an Occupational Limited License (OLL) during that time. If you are thinking about driving during your suspension, your should be aware that there is a minimum 60 days in jail that you will be serving if you are convicted of Driving While Suspended-DUI Related. 90 days if you have a BAC of .02 or above when you are driving while suspended.
If you have a Commercial Driver's License, it will be disqualified for 12 months. If you have a prior major offense, your CDL will be disqualified for life.
You may also have to perform community service. You will have to attend Alcohol Highway Safety School. You will have to have a Drug & Alcohol Evaluation and you may have to go to counseling. You will have to pay some money to the county for the privilege of being a part of the program. Program fees can exceed 1900.00.
You should be aware that if you do successfully complete the program and are subsequently arrested for DUI within the next ten years, your admission to the ARD program will enhance the penalties for the second offense just as if you had pleaded guilty.
Not much of a gift, right? That is why it is absolutely imperative to have your case fully and fairly evaluated by an experienced and knowledgeable DUI Defense Attorney. If you first call to an attorney leads him to recommend ARD without considering any other alternative, you are likely throwing away your money. I have had the unfortunate experience of having to inform a client facing a second offense DUI that his first attorney could have successfully litigated the case to a dismissal if he had simply tried.
ARD is not the best choice for everyone. A good DUI Defense attorney will evaluate your case completely before making such a recommendation. A good DUI defense attorney will consider whether the officer had probable cause to detain you, probable cause to arrest you, and whether the chemical tests were conducted properly and were likely to report the appropriate estimated BAC. Only after considering all available options will a DUI attorney recommend ARD.
Once in the program, you can be removed from the program if you violate the terms and conditions of your ARD probation. If so, your trial right are reinstated, you are presumed innocent until proven guilty. Therefore, it is important that your attorney understand every aspect of your case in case he needs to take it to trial or renegotiate following your removal.
For more information about ARD and DUI Defense, contact me directly at 1-888-821-9446 or online at http://www.CentralPennDUIDefense.com
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