f you enter into the ARD Program, you will lose your license for 90 days.
If you are found guilty of DUI, you will lose your license for 12 months and face a minimum of 48 hours incarceration.
You need an experienced DUI Defense attorney to fully and fairly evaluate your case, and the presumption of a conviction is premature.
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.
Wednesday, January 4, 2012
Monday, January 2, 2012
Can my Second DUI Be Expunged?
No. Expungement in Pennsylvania for a misdemeanor offense cannot occur until you are at least 70 years old and have been free from incarceration and prosecution for 10 years.
Will I be more harshly punished for taking my DUI case to trial?
In some cases, the judge will impose the mandatory minimum. In my experience, I have found that a judge will impose a minimum sentence when the trial was based upon a case with a meritorious. On the other hand, I have seen judges impose harsh sentences when the case is so obviously a losing proposition that the court's time has been wasted.
I think it is important to remember that YOU, not your lawyer, make the decision to take your case to trial. Although your lawyer is making a recommendation, YOU are making the decision.
I think it is important to remember that YOU, not your lawyer, make the decision to take your case to trial. Although your lawyer is making a recommendation, YOU are making the decision.
Why haven't the DUI Charges been filed?
There are a number of factors which cause the delay including the use of particular laboratories or the procedures of particular police departments.
There are a number of factors which affect a Blood Alcohol Content including your own metabolism and physiology in addition to the number and type of alcoholic beverages consumed and your individual medical condition.
Moreover, the Preliminary Breath Test which was conducted at the roadside is conducted using an uncalibrated and historically inaccurate testing device which is not admissible in court.
The defense of a DUI case begins well-before the actual Blood Alcohol Content result including an analysis of the circumstances surrounding your arrest. This includes an evaluation as to whether the officer had probable cause to stop your vehicle, probable cause to place you under arrest, and whether the blood alcohol content testing was consistent with Pennsylvania law and established laboratory testing procedures.
Even if this is your first offense, you require an experienced DUI defense attorney to assist you.
There are a number of factors which affect a Blood Alcohol Content including your own metabolism and physiology in addition to the number and type of alcoholic beverages consumed and your individual medical condition.
Moreover, the Preliminary Breath Test which was conducted at the roadside is conducted using an uncalibrated and historically inaccurate testing device which is not admissible in court.
The defense of a DUI case begins well-before the actual Blood Alcohol Content result including an analysis of the circumstances surrounding your arrest. This includes an evaluation as to whether the officer had probable cause to stop your vehicle, probable cause to place you under arrest, and whether the blood alcohol content testing was consistent with Pennsylvania law and established laboratory testing procedures.
Even if this is your first offense, you require an experienced DUI defense attorney to assist you.
Section 3111- "Failure to obey traffic sign" citation in Pennsylvania
If you were charged with Section 3111, Failure to Obey a Traffic Control Device you may consider this a break. it is a $25.00 fine and no points.... If you plead not guilty, the officer may decide to change the citation to a more appropriate section of the vehicle code which may also carry license points
After an underage drinking citation, is there any way I could retain or get a restricted license so I would be able to still travel back and forth to work and college?
For a first offense underage drinking citation, you may be eligible for an Occupational Limited License (OLL). You must file a petition with PennDOT. The Petition is called a DL-15.
In addition, your record may be expunged after you complete all obligations, including your suspension, and reach 21 years of age.
In addition, your record may be expunged after you complete all obligations, including your suspension, and reach 21 years of age.
The Practice of Law is about Customer Service
If you were to go to a restaurant to be greeted by a rude waiter, it is highly unlikely that you would go back. Eventually, the restaurant would go out of business because it did not deliver the level of service you expected. Why isn't the same principle true in the practice of law?
The fact that we are attorneys does not mean that we are entitled to be rude to our clients and/or potential clients. If we intend to stay in business, we must deliver the legal services that our clients expect but also deliver the kindness and professionalism that our clients expect.
The fact that we are attorneys does not mean that we are entitled to be rude to our clients and/or potential clients. If we intend to stay in business, we must deliver the legal services that our clients expect but also deliver the kindness and professionalism that our clients expect.
What happens if im driving under DUI suspension and get pulled over?
If your license was suspended due to the DUI and your BAC was above a .02 (which is probable based upon your consumption of two beers), you will face a mandatory period of incarceration of 90 days.
How do the police prove a person consumed alcohol if no breathalyzer or blood tests were given showing alcohol in his system?
Actually, recent case law makes the use of aPreliminary Breath Test device irrelevant in most jurisdictions.
You raise good questions, but each of the issues you raise can be categorized as a defense, rather than an issue of proof. The officer will likely testify to the common signs of intoxication, and if he says these magic words, "I detected the odor of an alcoholic beverage emitting from his breath and person" any defense as to spillage, etc can go out the window.
This phrase is so common it becomes repetetive and expected. The Commonwealth is required to prove guilt beyond a reasonable doubt. That does not require "concrete proof." The officer's well-rehearsed testimony will likely be sufficient to establish guilt . And, as much as we would like to think that a defendant has an absolute right not to testify, in cases like this, it would be highly unusual for an MDJ to find your son not guilty unless he takes the stand to testify, credibly, that he did not consume alcohol.
Obviously, a primary concern in cases like this is the license suspension. Assuming you son has no prior record, the officer may be willing to amend the citation to disorderly conduct or public drunkenness. In either case, your son would not lose his license. Moreover, the conviction can be expunged in 5 years.
You raise good questions, but each of the issues you raise can be categorized as a defense, rather than an issue of proof. The officer will likely testify to the common signs of intoxication, and if he says these magic words, "I detected the odor of an alcoholic beverage emitting from his breath and person" any defense as to spillage, etc can go out the window.
This phrase is so common it becomes repetetive and expected. The Commonwealth is required to prove guilt beyond a reasonable doubt. That does not require "concrete proof." The officer's well-rehearsed testimony will likely be sufficient to establish guilt . And, as much as we would like to think that a defendant has an absolute right not to testify, in cases like this, it would be highly unusual for an MDJ to find your son not guilty unless he takes the stand to testify, credibly, that he did not consume alcohol.
Obviously, a primary concern in cases like this is the license suspension. Assuming you son has no prior record, the officer may be willing to amend the citation to disorderly conduct or public drunkenness. In either case, your son would not lose his license. Moreover, the conviction can be expunged in 5 years.
Is it possible to get ARD for a DUI if I have a summary offense on my record?
It depends on the summary offenses, but generally the answer is yes.
ARD is not the right choice for everyone. It is not, as I heard a court say, a "gift." To be clear, it is the lesser of two evils. ARD has the following negative consequences: A license suspension for 30, 60, or 90 days, a disqualification of CDL privileges for 12 months, and the fact that an ARD admission counts as a conviction if you are subsequently charged with DUI within the next 10 years means that ARD should not be entered into without first having an experienced attorney review the case to make sure that ARD is the right choice for you.
ARD is not the right choice for everyone. It is not, as I heard a court say, a "gift." To be clear, it is the lesser of two evils. ARD has the following negative consequences: A license suspension for 30, 60, or 90 days, a disqualification of CDL privileges for 12 months, and the fact that an ARD admission counts as a conviction if you are subsequently charged with DUI within the next 10 years means that ARD should not be entered into without first having an experienced attorney review the case to make sure that ARD is the right choice for you.
Getting a DUI Charge Reduced to Another Charge
Unfortunately, DUI is one of the few charges that affects the entire socio-economic spectrum. In some cases, those involving truck drivers who rely on a CDL for their livelihood, the end result is a loss of license AND a loss of career.
Under current DUI laws, most prosecutors consider ARD a "gift, "a "warning," and a "second chance." Violate the law twice and the DA is not likely to be inclined to give you a third chance.
The presence of lobbying groups such as MADD and the sheer number of DUI charges (over 1/3 of all criminal charges in some counties) makes the reduction of DUI charges to a non-DUI offense a nearly obsolete concept. I know of no DA who will, without a substantial defect in the evidence, agree to reduce charges to a non-DUI offense. In particular, this is true where you have a third-tier offense. The end result for the DA would be political suicide.
You need an experienced local DUI Defense Attorney to fully and fairly evaluate your case before making any decisions. At this point there is insufficient information to recommend a course of action, and the presumption of a conviction/plea agreement is premature.
Contact a local DUI Defense Attorney ASAP.
Under current DUI laws, most prosecutors consider ARD a "gift, "a "warning," and a "second chance." Violate the law twice and the DA is not likely to be inclined to give you a third chance.
The presence of lobbying groups such as MADD and the sheer number of DUI charges (over 1/3 of all criminal charges in some counties) makes the reduction of DUI charges to a non-DUI offense a nearly obsolete concept. I know of no DA who will, without a substantial defect in the evidence, agree to reduce charges to a non-DUI offense. In particular, this is true where you have a third-tier offense. The end result for the DA would be political suicide.
You need an experienced local DUI Defense Attorney to fully and fairly evaluate your case before making any decisions. At this point there is insufficient information to recommend a course of action, and the presumption of a conviction/plea agreement is premature.
Contact a local DUI Defense Attorney ASAP.
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