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
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.
Showing posts with label The Best DUI Attorney. Show all posts
Showing posts with label The Best DUI Attorney. Show all posts
Thursday, May 9, 2013
Sunday, January 20, 2013
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
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
Saturday, January 5, 2013
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?
Tuesday, November 27, 2012
DUI Defense Attorneys in CHambersburg, PA
If you are seeking an experienced DUI Defense Attorney in Chambersburg, PA, you
need look no further than the experienced DUI Defense Attorneys of The Morgan
Law Firm. We Offer:
Free Consultation / Written Case
Evaluation: Go online to www.DUI-Case-Evaluation.com or call
1-888-821-9446. You will receive
a free written case evaluation includes a very thorough review of every aspect
of your case. In addition, we will send
you a free 30 page legal guide, DUI
Answers.
Solid Dedicated Defense: Over 90% of our
practice is dedicated to representation of good people, like you, charged with
DUI. If you retain our
services, you will receive personal service, attention and answers to all of
your questions. Unlike other attorneys who treat your case as part of an
assembly line, I review every detail of your case with three specific goals for
you: (1) avoid jail; (2) avoid a conviction, and (3) avoid a license
suspension.
Knowledgeable
and Experienced DUI Counsel: As a defense
attorney, former DUI prosecutor and former police officer, I have examined
thousands of DUI cases from every possible perspective since 1990. My advanced training and certification in
administration of Field Sobriety Tests as well as blood and breath testing
procedures help my associates and I know the techniques and procedures used by
law enforcement. We understand the
weaknesses of those tests and procedures.
We are able to “read between the lines” of a police report and see
important details other attorneys miss.
Answers and Advice: We are a full service DUI Defense firm. We are prepared to
take your case to trial, contest evidence against you, assist you through the ARD program, or
reach another acceptable resolution. We
are prepared to help you meet your goals.
Contact us today.
DUI Defense Attorneys in York, PA
If you are seeking an experienced DUI Defense Attorney in York, PA, you
need look no further than the experienced DUI Defense Attorneys of The Morgan
Law Firm. We Offer:
Free Consultation / Written Case
Evaluation: Go online to www.DUI-Case-Evaluation.com or call
1-888-821-9446. You will receive
a free written case evaluation includes a very thorough review of every aspect
of your case. In addition, we will send
you a free 30 page legal guide, DUI
Answers.
Solid Dedicated Defense: Over 90% of our
practice is dedicated to representation of good people, like you, charged with
DUI. If you retain our
services, you will receive personal service, attention and answers to all of
your questions. Unlike other attorneys who treat your case as part of an
assembly line, I review every detail of your case with three specific goals for
you: (1) avoid jail; (2) avoid a conviction, and (3) avoid a license
suspension.
Knowledgeable
and Experienced DUI Counsel: As a defense
attorney, former DUI prosecutor and former police officer, I have examined
thousands of DUI cases from every possible perspective since 1990. My advanced training and certification in
administration of Field Sobriety Tests as well as blood and breath testing
procedures help my associates and I know the techniques and procedures used by
law enforcement. We understand the
weaknesses of those tests and procedures.
We are able to “read between the lines” of a police report and see
important details other attorneys miss.
Answers and Advice: We are a full service DUI Defense firm. We are prepared to
take your case to trial, contest evidence against you, assist you through the ARD program, or
reach another acceptable resolution. We
are prepared to help you meet your goals.
Contact us today.
DUI Defense Attorneys in Lancaster, PA
If you are seeking an experienced DUI Defense Attorney in Lancaster, PA, you
need look no further than the experienced DUI Defense Attorneys of The Morgan
Law Firm. We Offer:
Free Consultation / Written Case
Evaluation: Go online to www.DUI-Case-Evaluation.com or call
1-888-821-9446. You will receive
a free written case evaluation includes a very thorough review of every aspect
of your case. In addition, we will send
you a free 30 page legal guide, DUI
Answers.
Solid Dedicated Defense: Over 90% of our
practice is dedicated to representation of good people, like you, charged with
DUI. If you retain our
services, you will receive personal service, attention and answers to all of
your questions. Unlike other attorneys who treat your case as part of an
assembly line, I review every detail of your case with three specific goals for
you: (1) avoid jail; (2) avoid a conviction, and (3) avoid a license
suspension.
Knowledgeable
and Experienced DUI Counsel: As a defense
attorney, former DUI prosecutor and former police officer, I have examined
thousands of DUI cases from every possible perspective since 1990. My advanced training and certification in
administration of Field Sobriety Tests as well as blood and breath testing
procedures help my associates and I know the techniques and procedures used by
law enforcement. We understand the
weaknesses of those tests and procedures.
We are able to “read between the lines” of a police report and see
important details other attorneys miss.
Answers and Advice: We are a full service DUI Defense firm. We are prepared to
take your case to trial, contest evidence against you, assist you through the ARD program, or
reach another acceptable resolution. We
are prepared to help you meet your goals.
Contact us today.
DUI Defense Attorneys in Harrisburg, PA
If you are seeking an experienced DUI Defense Attorney in Harrisburg, PA, you
need look no further than the experienced DUI Defense Attorneys of The Morgan
Law Firm. We Offer:
Free Consultation / Written Case
Evaluation: Go online to www.DUI-Case-Evaluation.com or call
1-888-821-9446. You will receive
a free written case evaluation includes a very thorough review of every aspect
of your case. In addition, we will send
you a free 30 page legal guide, DUI
Answers.
Solid Dedicated Defense: Over 90% of our
practice is dedicated to representation of good people, like you, charged with
DUI. If you retain our
services, you will receive personal service, attention and answers to all of
your questions. Unlike other attorneys who treat your case as part of an
assembly line, I review every detail of your case with three specific goals for
you: (1) avoid jail; (2) avoid a conviction, and (3) avoid a license
suspension.
Knowledgeable
and Experienced DUI Counsel: As a defense
attorney, former DUI prosecutor and former police officer, I have examined
thousands of DUI cases from every possible perspective since 1990. My advanced training and certification in
administration of Field Sobriety Tests as well as blood and breath testing
procedures help my associates and I know the techniques and procedures used by
law enforcement. We understand the
weaknesses of those tests and procedures.
We are able to “read between the lines” of a police report and see
important details other attorneys miss.
Answers and Advice: We are a full service DUI Defense firm. We are prepared to
take your case to trial, contest evidence against you, assist you through the ARD program, or
reach another acceptable resolution. We
are prepared to help you meet your goals.
Contact us today.
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