Driving, when a school bus stopped with its lights and pulled out the stop sign. I was beside it and continued. Am I okay here? 75 Pa.C>S.A. 3745

There are a couple of issues here: Your responsibilities and the Bus Driver's Responsibilities:

Here are yours:

(a) Duty of approaching driver when red signals are flashing.--Except as provided in subsection (g), the driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway shall stop at least ten feet before reaching the school bus when the red signal lights on the school bus are flashing and the side stop signal arms are activated under section 4552(b.1) (relating to general requirements for school buses). The driver shall not proceed until the flashing red signal lights are no longer actuated. In no event shall a driver of a vehicle resume motion of the vehicle until the school children who may have alighted from the school bus have reached a place of safety. The driver of a vehicle approaching an intersection at which a school bus is stopped shall stop his vehicle at that intersection until the flashing red signal lights are no longer actuated.

(b) Duty of approaching driver when amber signals are flashing.--The driver of a vehicle meeting or overtaking any school bus shall proceed past the school bus with caution and shall be prepared to stop when the amber signal lights are flashing.

Here is the bus driver's:

(c) Use of red signals.--The red visual signals shall be actuated by the driver of every school bus whenever the vehicle is stopped on a highway or trafficway for the purpose of receiving or discharging school children, except as provided in subsections (e) and (f). The signals shall not be terminated until the school children who may have alighted from the school bus have reached a place of safety or until boarding school children have completed boarding the bus.

(d) Use of amber signals.--The amber visual signals shall be actuated by the driver of every school bus not more than 300 feet nor less than 150 feet prior to making a stop for the purpose of receiving or discharging school children and shall remain in operation until the red visual signals are actuated. Amber signals shall not be used unless the red visual signals are to be actuated immediately following.

So... if the amber signals were illuminated first, you would be found guilty if the bus driver got your plate number (yes... they are allowed to by statute).

If the amber signals were not illuminated, it is possible that you would be found not guilty.

If you are cited, make sure you get counsel immediately. Not only does this violation carry a ton of points, but also results in a 3 month license suspension.

F. Dean Morgan, Esq
The Morgan Law Firm
1-888-821-9446

Do I have a choice of Breath or Blood Test for a Pennsylvania DUI?

The Morgan Law Firm is here to help you if you are facing a Pennsylvania DUI.

The Superior Court of Pennsylvania en banc has decided the case of COMMONWEALTH of Pennsylvania v. William Howard Barker, Jr., Appellant, 2013 WL 3475480, 2013 PA Super 178, 1153 WDA 2010 (July 10, 2013).  The Court ruled that the arresting officer refused to allow an alternate test in accordance with Barker’s request which violated the mandate of 75 Pa.C.S. § 1547(i), and thus deprived him of admissible evidence that, had it been available, would have been relevant to the charges.

75 Pa.C.S. § 1547(i): Request by driver for test — Any person involved in an accident or placed under arrest for a violation of section 1543(b)(1.1), 3802 or3808(a)(2) may request a chemical test of his breath, blood or urine. Such requests shall be honored when it is reasonably practicable to do so.
The statute creates an imperative under section 1547(i) that if the motorist requests one of the alternate means of chemical testing, the officer is required to honor the request when reasonably practicable.

Section 1547(i) vests licensed drivers with a statutory right, the deprivation of which undermines the ability to counter the Commonwealth’s allegations. In this case, the officer's refusal to allow alternate testing pursuant to section 1547(i), in accordance with Barker’s requests, was a clear violation of the statutory right created in favor of any motorist arrested on the charge of Driving Under the Influence.
 
What does reasonably practicable mean?   That depends....

The statute presumes the validity of the motorist’s request and vests the officer with discretion to decline the request only if circumstances render the testing “incapable of being put into practice with the available means.” Thus, this language allows the officer to decline alternative testing only if the test requested is not within the means available at the time the testing is sought.

By the same token, this element of practicability acts as a safeguard against the whims of willful motorists who might demand alternate forms of testing as retribution upon the arresting officer: “The statutory scheme offers no quarter to arbitrary conduct by either a motorist under arrest or the arresting officer, but instead imposes an expectation on both that testing shall be carried out in recognition of the practical constraints on the officer with due regard for the motorist’s individual rights.”
 
Because the officer’s failure to comply with the statute violated Barker’s statutory right to the results of the chemical testing, the Court reversed the judgment of sentence and discharged the Appellant.

The Morgan Law Firm is ready to help you if you are facing a DUI. 

NTSB Wants a .05% BAC for DUI Drivers- A Pennsylvania Perspective

The National Traffic Safety Board (NTSB) has made two startling proposals in its effort to combat drunk driving.  First, they would like to lower the BAC to .05% and second, they would like to make ignition interlocks a standard punishment for first offense DUI cases.

In both cases, the efforts of the federal government are not tied to safety.  Instead, they are tied to money.

Let's begin with the ignition interlock proposal.   Over 70% of all DUI cases in the United States are first time offenses.  Thus, only 30% of all DUI offenders are likely to re-offend.  Moreover, if we look at the multiple offense category, we can see that the number of individual offenders is even lower than 30%.  So...  Is there a need for ignition interlock?  Of course not.

With regard to the .05% standard:  We must first understand that DUI is not "drunk driving."  The intoxication "high" of alcohol is different in each and every one of us.  For me, personally, I am "drunk" after two beers because I have a low alcohol tolerance.  However, for others, a six pack just barely makes a dent in their normal behavior.  Thus, we must understand that not everyone who drinks is drunk.

How many drinks does it take to equal a .05% BAC?  The answer for most of us is 2.5 12 ounce beers.  Or, two 16 oz. beers or, just over a pant of beer.  If you are drinking at a microbrewery, you will be legally drunk (.05%) after just one beer.   Are you "drunk" after one beer?  Of course not.

The biggest issue here is money.  The federal government has the ability to impose this limit on the states by restricting federal highway funds from any state that does not comply with its wishes.  In the early part of the last decade, the federal government made this unequivocally clear when it mandated a change to .08%.

The government is long on platitudes about saving lives but short on research as to how a .05% BAC threshold would be favorable to the current .08% threshold.  This is because the federal government does not have any such research to support its scientific conclusion.  Rather, they simply want to play the political game of "drunk driving is bad."

Clearly, drunk driving is bad.  But, what is "drunk?"  The government's attempt to quantify drunk first began with the premise that a person with a BAC above a .10% was legally intoxicated.  This presumption forms the foundation of the most commonly accepted tests associated with DUI cases:  Field Sobriety Testing and Breath Testing.

Field Sobriety Tests are purportedly an objective means of determining whether the subject indivual has a BAC above .10%.   They are not sufficient to determine if a person has a BAC below a .10%.  They certainly are useless to determine if a person has a BAC of .05%.  Thus, the police do not have an objective means of determining whether or not he has probable cause to believe a person's BAC is above a .05%.  How many false arrests will result from a police officer's reliance upon the mere smell of alcohol.

DUI Breath Testing, which is clearly inaccurate for a number of reasons, relies upon a simulator solution that simulates a BAC of .10%.  In Pennsylvania, the BAC was not calibrated to determine if the BAC was below a .05%.  Thus, there is a substantial potential for an inaccurate result.

Finally, an most importantly, the lower BAC suggests a criminalization of two behaviors that, taken separately are not illegal.  First and foremost, it is not illegal to consume a couple of beers.  It is not illegal to safely operate a motor vehicle on the highway.  If the NTSB has its way, it will be illegal to stop for a couple of beers after work and return home a short time later.

We need to recognize that DUI does not happen in the inner-city.  DUI occurs in the suburbs and rural areas.  DUI disproportionately impacts males.  DUI disproportionately impacts the employed.  DUI disproportionately impacts those who live in rural and suburban areas. 

The MADD lobby has made DUI a difficult offense to defense because prosecutors, judges, and legislatures do not want to be seen as soft on "crime."  A good friend said this...  "There are three types of cases that a prosecutor will never negotiate-  Child Sex, Murder, and DUI - and of these three, DUI is only one that has no victim in over 95% of all cases."

More importantly the MADD lobby has created robot legislators who will adopt financial penalties for DUI that do not benefit DUI reduction efforts.  In Pennsylvania, DUI defendants pay surcharges totalling nearly $2000.00 including a "Crime Victim's Fund,"  a "Firearms Training Fund" and many others.


As a Pennsylvania DUI Lawyer, I earn a living helping people charged with DUI.  The increased scrutiny upon the motoring public will certainly raise my income.  However, I would sacrifice this extra income for the protection of knowing the government is making rational decisions to combat DUI rather than simply attempting to grow revenue by treating good people like criminals.

The Morgan Law Firm
www.fdeanmorgan.com
1-888-821-9446

Can I represent myself against a DUI?

DUI Defense is not a Do-It-Yourself project.  The law is incredibly complex.  Self-representation is foolish.

Let's start with the basics.  Do you know where to stand in the courtroom?  Does that matter?  Yes, of course it matters.  When I train my new attorneys I often ask them this question:  If you walk into the courtroom that is empty, where will you put your stuff?

If you cannot answer this question.  DO NOT REPRESENT YOURSELF

Call us today at 1-888-821-9446
Free Case Evaluation

The Morgan Law Firm
www.fdeanmorgan.com

Should you refuse a DUI Blood Test?

A local lawyer appears on the radio.  There is nothing wrong with appearing on the radio and offering general legal information.  However, this is where the law and media coupling gets tricky.

I recently found myself in the position of helping a client through a DUI w/ Refusal.  When I asked him why he chose to refuse the blood test, he responded "[Radio Lawyer] said I should refuse all testing."  Certainly, this lawyer did not intend to make such a broad statement.  To do so would be malpractice.  Moreover, to do so would result in substantial consequences to his listeners, just as it did here.

I believe that Radio Lawyer stated that a person should not comply with a request for field sobriety tests.  This would be appropriate advice.  However, when broadcast to the masses, the message gets lost.

Here is the straight scoop:  If the police suspect that you are operating a motor vehicle after imbibing alcohol they may request you submit to a chemical test.  If you refuse to comply, you may suffer a license suspension of 12 or 18 months.  This is distinct from the criminal charges you may face.

Because you refused, you criminal charges will be treated exactly the same as an individual with a BAC above .16%. Moreover, in some cases, you will be ineligible for the ARD Program.

The Morgan Law Firm has helped hundreds of clients charged with DUI.  In many cases, we have helped our clients achieve successful outcomes.  We may be able to help you.

Free DUI Case Evaluation

The Morgan Law Firm
www.fdeanmorgan.com
1-888-821-9446

Negotiating Reduced Charges in Pennsylvania DUI Cases

In Pennsylvania, DUI charges are brought by the police.  The charges are generally based upon a person's Blood Alcohol Content or BAC in conjunction with the Pennsylvania DUI Statue, 75 Pa.C.S.A. 3802.  

Over 60% of all DUI cases are First Offense.  In the majority of these cases, the individual charged has no prior record.  Most of the people charged with DUI are otherwise law abiding citizens.

Pennsylvania DUI Penalties can be harsh.  For a first offense DUI, the defendant can be sentenced to incarceration and lose his/her license for a period of 12 months.  Obviously, this restricts the individual's ability to earn a living. 

Unfortunately, the DUI penalties disproportionately impact good people with no prior criminal history.  Thus, many of clients seek a reduction or a dismissal of DUI charges.

The Morgan Law Firm has been successful in resolving many cases through a reduction or dismissal of DUI charges.  However, we are successful because we challenge every aspect of the case.  We look for defenses and/or weaknesses in the prosecutor's case.  We understand the mindset of the prosecutors and we will work to be assured that the outcome of your case is the best possible outcome.

We cannot guarantee your charges will be reduced.  However, we will promise to look at every aspect of your case before we make any recommendation.  Contact us today  1-888-821-9446 or submit your information online to www.DUI-Case-Evaluation.com

What Happens at a DUI Preliminary Hearing in Pennsylvania

What Happens at the Preliminary Hearing:

The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant.  A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime was committed and (2) the individual charged is the person who committed the crime. A prima facie case is NOT a determination of guilt. 

To establish a prima facie case for DUI, the Commonwealth must establish that you operated a motor vehicle on a public roadway and there is evidence your blood contained drugs or alcohol.  We understand that the preliminary hearing is an opportunity to explore the facts of the case completely to determine the appropriate course of action to take in the case. 

DUI Defense is not a Do It Yourself Project.  Call The Morgan Defense Firm at 1-888-821-9446 or go online for a FREE DUI CASE EVALUATION.

In addition to the elements necessary to establish a prima facie case, we ALWAYS investigate the factual circumstances surrounding your arrest to determine the likelihood of success at trial.   We look at three very specific criteria to determine whether we will recommend trial, a negotiated guilty plea, or ARD. 

1.      Did the Officer have Probable Cause to Stop and Detain You?

First, we evaluate the officer’s probable cause to stop/detain.  To stop or detain an individual for DUI, the officer must possess sufficient facts that he/she believes that the defendant (or the defendant’s vehicle) is in violation of the Pennsylvania Vehicle Code or he/she has a lawful right to investigate a criminal action or accident. 

In the present case, the basis for the detention may not meet the legal standard outlined above.  Therefore, it is absolutely necessary that a full and complete evaluation of the case, including a discussion with the officer occur prior to making any recommendation about the outcome of your case. 


DUI Defense is not a Do It Yourself Project.  Call The Morgan Defense Firm at 1-888-821-9446 or go online for a FREE DUI CASE EVALUATION.
After that discussion, we will have sufficient facts to render an opinion on whether or not there is a likelihood of success at trial. Following the discussion with the police officer, we will give you our opinion as to whether the issues can successfully be resolved in our favor by filing a pre-trial motion. 

2.      Did the Officer have Probable Cause to Arrest You?

Second, we evaluate the officer’s probable cause to arrest.  To be constitutionally valid, a warrantless arrest must be supported by probable cause.  The Pennsylvania Supreme Court has held “probable cause exists where the facts and circumstances within the officer’s knowledge are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed.  Mere suspicion alone will not support a finding of probable cause. 

Unlike many attorneys we go beyond the field sobriety tests to determine whether or not probable cause exists.  Simply stated, Field Sobriety Tests are designed to make you fail.  The requested tests are inconsistent with our daily activities. 

Field sobriety tests are not divided attention tests.  To be valid, the test must be administered in a prescribed standardized manner; the standardized clues must be used to assess the suspect’s performance; and the standardized criteria must be employed to interpret that performance. If any one of the standardized field sobriety test element is changed, the validity is compromised. It has been my experience that most police officers do not administer the field sobriety tests properly.  Please note that when the tests are administered properly they are only accurate less than 70% of the time. 

I have attached a copy of the training manual utilized to train law enforcement officers.  As you may expect, the officers are often surprised to be cross-examined about their own training at trial.  Rest assured that I know the tests as well as, if not better, than the officer who administered the test.

There are several common phrases show up in nearly every DUI case:

However, there are a number of reasons, notwithstanding the influence of alcohol that such symptoms do appear.  Therefore, we look beyond those common phrases to examine the actual facts of the case.

Thus, we look beyond the tests and determine whether the things we do in normal, everyday life, such as standing and walking normally were indicative of intoxication.  Following my discussion with the police officer, I will give you my opinion as to whether the Probable Cause to Arrest issues can successfully be resolved in our favor by filing a Pre-trial motion.  


DUI Defense is not a Do It Yourself Project.  Call The Morgan Defense Firm at 1-888-821-9446 or go online for a FREE DUI CASE EVALUATION.

3.      Breath/Blood Testing

Third, we evaluate the chemical test procedure to determine if it is consistent with Pennsylvania law.   First, we determine if the chemical testing was performed within the two hour time limit (alcohol cases).  There are other procedural requirements that must be met before a Chemical Test can be admissible in court. 

BREATH TEST

Before we concede that the evidence is admissible, (which does not mean the same thing as being “accurate”)  we require the officer to provide me with the following:  Certificate of Accuracy; Breath Test Operator Certification; Certification of Calibration; Certification of Breath Test Operator responsible for testing the device for accuracy and calibration; Simulator Solution Certification; and Ampoule Certification. 

BLOOD

Before we concede that a Serum Blood Test is Admissible (which does not mean “accurate”), I require the officer to provide me with the following: Full name of Phlebotomist who drew blood of the defendant; Full name and CV/Resume of any witness the Commonwealth intends to call to testify as to the results of the blood testing; Plasma/Serum Testing Documentation; Copy of any and all documentation, including Standard Operating Procedures, relied upon by Medical Technician in conducting the testing of the Defendant’s blood serum; Copy of any and all documentation regarding the device/machine utilized to analyze the serum of the defendant including, but not limited to the following:  Device Manufacturer, model number, serial number, Date placed in service, maintenance reports, calibration reports, and out of service documentation within 180 days prior to the testing of the defendant’s serum and 90 days after the testing of the defendant’s blood serum; The title of any document, treatise, book, study, or report upon which the conversion factor relied upon by the hospital/laboratory to convert the amount of alcohol in a subject’s plasma/serum to a whole blood equivalent value; The name, title, and qualifications (CV) of the individual responsible for choosing the document, treatise, book, study, or report upon which the conversion factor relied upon by the hospital/laboratory to convert the amount of alcohol in a subject’s plasma/serum to a whole blood equivalent value.  

If the blood was subject to Gas Chromatography Testing, I require the officer to provide me with the following: A copy of the Laboratory Report; A copy of the Analyst’s Bench Notes; A copy of the documentation for all calibrators, controls, blanks, internal standards and standard mix and ALL associated Chromatographs; A copy of the Calibration Curve Result; A copy of all maintenance logs for the Gas Chromatograph device; A copy of all maintenance logs for all pipettes in use at the time defendant’s blood was tested.

REFUSAL

In addition, the specific factual circumstances regarding a refusal are important.  This includes whether or not you were fully advised of the consequences of the refusal including the reading of the DL-26. 

Please note that the refusal may result in a separate civil penalty, including the loss of license for a period of 12 or 18 months.  If retained quickly, I may be able help you avoid a suspension from PennDOT.    If you do receive notice of suspension, you may wish to file an appeal.  That would be separate and distinct from the criminal case.  

After the Preliminary Hearing:

After we have fully examined the potential success of these, and other, defenses, we will provide you with results of the evaluation including a categorization and recommendation as to how to proceed. 

Understanding how stressful Court can be, we may also provide a comprehensive written evaluation that fully explains the basis for our categorization and recommendation. 

In addition, we constantly review information through the duration of your case to be assured our recommendations are correct.  


DUI Defense is not a Do It Yourself Project.  Call The Morgan Defense Firm at 1-888-821-9446 or go online for a FREE DUI CASE EVALUATION.

Filing a Suppression Motion:

In some cases it may be favorable to file a suppression motion.  A suppression motion seeks to prevent evidence being used against you.  If it is recommended and authorized a suppression motion will be filed after arraignment. 
 
DUI Defense is not a Do It Yourself Project.  Call The Morgan Defense Firm at 1-888-821-9446 or go online for a FREE DUI CASE EVALUATION.

U.S. Supreme Court DUI Blood Draw Decision and Pennsylvania DUI Law

The United Supreme Court ruled Wednesday that police usually must try to obtain a search warrant from a judge before ordering blood tests for DUI suspects.  The case is Missouri v. McNeely, 11-1425.

The justices sided with a Missouri man who was subjected to a blood test without a warrant and found to have nearly twice the legal limit of alcohol in his blood.   Justice Sonia Sotomayor wrote for the court that the natural dissipation of alcohol in the blood is generally not sufficient reason to jettison the requirement that police get a judge's approval before drawing a blood sample. 

Missouri and the Obama administration were asking the court to endorse a blanket rule that would have allowed the tests without a warrant. 

In the opinion, the court briefly touched upon the availability of breath testing equipment as an alternative to blood testing.  However, as we at the Morgan Defense Firm have argued, breath testing is inaccurate.  In response to a Dauphin County Court of Common Pleas decision resulting from a case brought by our colleagues in the Defense Bar, the Pennsylvania State Police have stopped using breath testing devices.  Moreover, the Pennsylvania appellate courts have consistently held that a defendant need not be offered a choice of test, nor does the defendant's fear of needles constitute a valid reason to refuse testing. 

You need not worry about the forcible removal of blood, but the coercive affect of the implied consent law requires you to submit to blood testing in lieu of higher penalties and an automatic license suspension.

I am often asked if one should submit to blood testing.  My response is "yes."  

First, the Pennsylvania DUI law  treats a refusal the same as the DUI-highest rate of alcohol.  If you have only had a couple of beers, you may receive a lesser punishment.  If you have had more than a few, the punishment will be the same.

Second, the automatic license suspension for refusal of a blood draw is consecutive to any suspension you receive for the DUI.  In other words, you are looking at a minimum of 24 months of suspension. During a DUI-related suspension, the mere act of driving a vehicle (even without alcohol in your system) will result in a 60 day jail sentence. 

Third, a refusal may make you ineligible for participation in the ARD program. 

Fourth, and most importantly, our firm finds your BAC to relevant, but not the most important factor in fighting your case.  Unlike other attorneys, we examine every aspect of your case beginning with the reason for the stop.  As a result, we have achieved many successful DUI Defense outcomes including dismissal of charges when a persons BAC far exceeded .16%. 

In one notable case, our client refused testing.  We beat the charge only to have him pick up another DUI charge where the reason for the stop was based solely on his status as a suspended driver.  

If you are asking yourself "Should I give a blood sample in a DUI Case?"  the answer is yes.  

DUI Defense is NOT Criminal Defense (Part 1)

If you have been charged with DUI in Pennsylvania, you need a Top DUI Defense Lawyer.  You will notice that I did not say "Criminal Defense Lawyer."   This is because DUI Defense is a specialized skill that requires a knowledge of far more than basic criminal procedure.

If a person assaults another person, the defense is fairly simple.  The defense attorney must know who the participants were and whether his client struck, kicked, or otherwise made contact with another person for the purpose of inflicting bodily harm.

In a DUI Case, the Defense Attorney must know:

1. Did the officer have probable cause to stop the defendant's vehicle
• Was there a motor vehicle code violation?
• Did the activity happen on a roadway or a trafficway
• Was there an accident?
• Were there facts which would lead a reasonable office to conclude that criminal activity was afoot
2. Did the officer have probable cause to place the defendant under arrest?
• Did the officer smell alcohol?
• What were the exact actions of the defendant that led the officer to believe the defendant was operating a motor vehicle after imbibing alcohol
3. Was the chemical sample taken in a manner consistent with Pennsylvania law.

The defense of DUI cases is not Criminal Defense.  Therefore, you should not be satisfied with a Criminal Defense Attorney.  You should insist on hiring one of the best DUI Defense Attorneys in Pennsylvania.

More information in our next post. 

DUI Defense Attorneys in Pennsylvania

Let's be realistic.  There are a lot of attorneys out there who will represent individuals charged with DUI.  Fewer will defend individuals charged with DUI.  Fewer still are actual DUI Defense Attorneys. 

What is the difference?   Well, it starts with a commitment to this specialized are of law.  Unlike estate planning, divorce, or real estate, your liberty is at stake when you are charged with DUI.

Unlike criminal defense, DUI Defense requires a specialized knowledge of the law, science, and most importantly, the real-world needs of our clients.  DUI reaches across the socioeconomic spectrum.   We have represented celebrities, doctors, attorneys, accountants, construction workers, and college students.  Regardless of our client's status, we understand the devastating impact ta DUI conviction can have upon their future.


At The Morgan Law Firm, my staff and I take your liberty seriously.  We are well-versed in this area of law.

Harrisburg DUI Defense

If you have been arrested for a DUI in Harrisburg Pennsylvania and you are looking for the Best Harrisburg DUI Defense Attorney, I invite you to go to my website, www.fdeanmorgan.com to learn more about my services.

You can submit your information to our Free Online DUI Case Evaluation Website.

We look forward to serving you.

DUI Defense Attorneys in Pennsylvania

Choosing the right DUI Defense Attorney is one of the most important decisions you can make.  At The Morgan Law Firm, with administrative offices in Hershey, Pennsylvania we are here to help you.  When you want the best DUI Defense Attorney, you should look no further than The Morgan Law Firm.  Find us at Google, Yahoo, or Bing by searching for:

DUI Attorneys in Reading, PA
DUI Attorneys in Lancaster, PA
DUI Attorneys in Harrisburg, PA
DUI Attorneys in York, PA
DUI Attorneys in Lebanon, PA
DUI Attorneys in Chambersburg, PA
DUI Attorneys in Carlisle, PA
DUI Attorneys in Gettysburg, PA

Pennsylvania DUI Defense is NOT Criminal Defense

When choosing the Best DUI Defense Attorney in Pennsylvania, many people first look for a "Criminal Defense Attorney."  Unfortunately, many criminal defense attorneys attempt to practice DUI Defense.

Although DUI cases often follow the same path as a criminal case and follow the rules of criminal procedure, the fact is... DUI Defense is NOT Criminal Defense.  

At The Morgan Law Firm, over 90% of our practice is dedicated to DUI Defense. 

What is the difference between a DUI Defense Attorney and a Criminal Defense Attorney?  Well, the primary difference is the level of education related to DUI Defense.  At The Morgan Law Firm, we focus on the three stages of a DUI case.  The Probable Cause to Stop, Probable Cause to Arrest, and the Chemical Sample. 

The reason is simple:  In a criminal case, prosecutors are often willing to negotiate resolutions and plea bargains to avoid a trial.  No one really cares if a drug possesser gets a deal.  If an assault defendant commits a crime, the greater population does not care.  However, the awesome power of groups such as MADD have effectively captured the legislature, judiciary, and District Attorneys of Pennsylvania politically.  If a deal is made, the DA may lose the precious support of MADD.  As a result, it is politically inconvenient for a DA to make a deal.

A Pennsylvania DUI Defense Attorney must understand the political realities and not complacently expect a deal.  The Best Pennsylvania DUI Defense Attorneys know that the key to a successful outcome is to challenge every detail. 

A full and fair DUI case evaluation is just a click away at www.DUI-Case-Evaluation.com. 

F. Dean Morgan
Managing Attorney
The Morgan Law Firm
1-888-821-9446

Beating a DUI Case

Lately, there has been a great deal of conversation among Pennsylvania DUI Defense Attorneys about the recent ruling in Dauphin County challenging breath test results.  In response, a number of District Attorneys are ordering police departments to rely on blood tests. 

This policy change will create two new challenges for individuals charged with DUI.  First, because whole blood tests are more reliable than breath tests, there is an increased likelihood that an individual will be convicted.  Second, the use of blood tests will result in an increased apprehension rate of individuals who, legally or illegally, use controlled substances (including prescription medications.)

We applaud the efforts of our colleagues.

At The Morgan Law Firm, we have achieved a great deal of success by challenging evidence.  We focus on the Officer's Probable Cause to Stop Your Vehicle.  First, I evaluate the officer’s probable cause to stop/detain.  To stop or detain an individual for DUI, the officer must possess sufficient facts that he/she believes that the defendant (or the defendant’s vehicle) is in violation of the Pennsylvania Vehicle Code or he/she has a lawful right to investigate a criminal action or accident. 

In your case, the basis for the detention may not meet the legal standard outlined above.  Therefore, it is absolutely necessary that a full and complete evaluation of the case, including a discussion with the officer occur prior to making any recommendation about the outcome of your case.

If you have been charged with a DUI in Pennsylvania, call our office at 1-888-821-9446 or submit your case information online at www.DUI-Case-Evaluation.com 

Breathalyzer Test Is Wrong

The Breath Test is Wrong....

The Morgan Law Firm is ready to help you prove it...

 

Unfortunately, the breath test is wrong over 89% of the time....  Sometimes it produces a higher result.  Sometimes it produces a lower result.  The point is this...  The number that is produced by the breath testing device is wrong and I can prove it with one easy step.  If you have been charged with DUI based upon a breath test, you likely received a receipt produced by the device.  On that receipt you will see two results based on your two samples.  Are those results the same?  Chances are, they are not the same.  Did your BAC change?  Of course not...  Therefore, the machine must not be 100% accurate, right?    That is not the end of the story, there is much much more.

If your breath was tested, there is a very good chance that the test was conducted using an Intoxilyzxer 5000.  This clunky old machine has been around since the 1970s.  It relies on technology from 1985.  And, unfortunately, that technology is based upon untested and unreliable scientific principles. 

First, you must understand how the device works. The Intoxilyzer 5000 uses infrared (IR) light and five ethonol specific IR filters to identify the ethyl alcohol molecule and determine the percent of alcohol in a breath sample.  When Infrared light is passed through a substance, some of the infrared light will be absorbed.  If a variable infrared light source is directed through a group of molecules, such as ethyl alcohol, an infrared spectrum can be produced.  Each substance has its own particular spectrogram.  Ethyl Aclohol consists of Six Hydrogen Atoms, Two Carbon Atoms, and one oxygen atom. 

How does the breath test device calculate my Blood Alcohol Content?

First, you must understand that there is a 10% margin of error.  So, your BAC of .10 could be as low as .09 or as high as .11 and be within the acceptable margin of error.  The difference between a .10 and a .09 under the law is actually quite significant, if this is your third offense, a .09 will result in a 10 day jail sentence.  If the BAC is reported as a .10, you will serve a minimum of 90 days in jail 

44 1/2% of all results will be below the reported result.  44 1/2% of all results will be above the reported result.  The Commonwealth has the burden of providing your guilt beyond a reasonable doubt.   Make them prove it!

The machine will report your results as grams of alcohol per 210 liters of breath.  Think of 105 2-liter bottles of soda.  Compare that to 8 grams (about 1 1/2 crayons).  Visualize that for a minute and you will see why accuracy matters.  If the device reports a .10 (2 crayons), you can go to jail for a minimum of 2 days for your first offense.  If the device reports a .05 (one crayon), you go free... 

In addition to the inherent margin of error present in the breath testing device, your breathing patterns can affect a breath testing device.  It has been established that a person who hold his/her breath will produce a higher result.  Short rapid breaths that flush out the lungs will produce a lower reading.  Think back to the breath test...  Were you told to hold your breath before blowing into the device?  Yep, I bet you were.

Were you told to stop by the breath test operator?  He is making sure that the two numbers agree.  Does that seem fair?

Every breath testing device in America is programmed to expect a breath temperature of 34 degrees celcius.   However, the average person has a breath temperature of 35 degrees celicus.  Why does this matter?  Each degree of variance produces a 8.6% variance in breath test results.  Thus, if your breath temperature is 35 degrees celcius, you are likely to have produced a n estimated BrAC 8.6% above your actual BrAC.

Your own hemocratic ratio affects the breath testing device's accuracy.

The presence of mouth alcohol can affect the results.  Did you burp, belch, or bring anything into your mouth, even a micro-burp?

There are a number of other factors that make the breath testing device unreliable.  Make sure you get an experienced DUI defense attorney to fully and fairly evaluate your case before making any decisions.  For a full and fair evaluation, call me at 1-888-821-9446 or click here to begin a free online case evaluation.