Begin at the Beginning of a Pennsylvania DUI: Your BAC is just another fact. It is not the most important.

We should start from the beginning and work our way to the end...

Unfortunately, most attorneys when contacted by someone who is accused of DUI in Pennsylvania will start with the end and never go more than a few steps back. For example, most attorneys will simply ask a potential client about their Blood Alcohol Content and their prior history. Then, the attorney will tell the client that they will "get you a good deal" or "I think we can get you into the ARD Program."

Well, ya know what? That is not what a lawyer is supposed to do. In fact, that is just crappy lawyering.

When I analyze a case, I begin at the beginning. I want to know exactly why you were stopped by the Police.

Section 6308 of the Pennsylvania Vehicle Code provides, “Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.” 75 Pa.C.S.A. 6308.

Traffic stops based upon reasonable suspicion: either of criminal activity or a violation of the motor vehicle code under the authority of Section 6308(b) must serve the stated investigatory purpose. Commonwealth v. Chase, 980 A.2d 108, 116 (Pa. 2008).

Mere reasonable suspicion will not justify a vehicle stop when the driver’s detention cannot serve an investigatory purpose relevant to the suspected violation. Commonwealth v. Feczko, 10 A.3d 1285 (Pa.Super 2010).

In such an instance, “it is encumbent [sic] upon the officer to articulate specific facts possessed by him, at the time of the questioned stop, which would provide probable cause to believe that the vehicle or the driver was in violation of some provision of the Code.” Id. Citing Commonwealth v. Gleason, 785 A.2d 983, 989. See also Chase, 960 A.2d at 116 (reaffirming Gleason’s probable cause standard for non-investigative detentions of suspected Vehicle Code violations).

Why is this important? Because this is how I have won cases. It is the reason I have had success. I look for success by beginning at the beginning. Unless your attorney knows how to fully and fairly evaluate a DUI case, you are going to lose. I don't like to lose DUI cases.

If you have been charged with a DUI in Pennsylvania, contact me today.

F. Dean Morgan, Esquire
1-888-821-9446
dean@fdeanmorgan.com