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
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Showing posts with label Pennsylvania. Show all posts
Showing posts with label Pennsylvania. Show all posts
Sunday, January 20, 2013
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.
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