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

Being a DUI "Defense" Lawyer

It seems there are hundreds of attorneys who say they are "DUI Defense Attorneys." Many are criminal defense attorneys who believe that DUI is just like any other crime. The truth is that DUI is not "another crime." Unlike Robbery or Burglary, DUI is a criminal act that requires absolutely no intent. In addition, it is a crime wherein two people can do the exact some thing and be punished differently.

If my wife an I each have 5 beers, her BAC will be higher merely because she is smaller than me. Thus, if we both drive home and are arrested, she may fact punishment greater than mine. Is that fair? Of course not.

Other Attorneys do not even concern themselves with a defense. Within minutes, the word ARD is mentioned and they tell you what a great deal that is for you. In truth, ARD is not a good deal. ARD is a punitive. ARD not a gift and it is certainly not a goal. Every month I show up in court to see an attorney whom I recognize from the civil circuit sitting in criminal court. I think, sometimes out loud, is his client really getting their money's worth.

I am left with one inescapable conclusion. The best DUI Defense Attorneys seek to defend their clients against the charges. The best DUI Defense Attorneys fully and fairly evaluate cases to achieve the best possible results. The best DUI Defense Lawyers do not make a recommendation after the first few minutes of a conversation. Instead, being the best DUI Lawyer means that you look for every possible means of avoiding conviction.

I am reminded of a client, D.B. Mr. B. called me one day to talk about his case. He had called 4 other lawyers to discuss his options. Each told him the same thing.. He would have to plead guilty or enter the ARD Program. Mr. B. was surprised when I told him that I would likely win his case. I carefully explained the elements of the offense to him as well as the reason that I did not believe that he would be convicted. He hired me immediately.

Mr. B. later told me that not one other attorney asked him what subsection of the DUI law he had been charged with. This is a critical concern for me because I knew that the subsection makes a difference. Once I knew the subsection and the facts, I was prepared to win.

At the preliminary hearing, the DA agreed to drop the charges. While I cannot promise you that I will win your case. I can promise that I will make every effort to win before I even think about compromising.

I failed my Field Sobreity Tests (FST). Does that mean I am guilty of DUI?

Unlike many attorneys I 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. I am sure you would agree that no normal person conducts a daily exercise where he/she stands with one leg in the air for 30 seconds without moving from side to side. Likewise, no normal person walks heel to toe for 9 steps before taking a 4 point pivot and walking heel to toe another 9 steps.

Field sobriety tests are not divided attention tests. They are, however, an objective evaluation as to whether or not a person has blood alcohol content above .10 percent. 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 always carry 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.

Theses common phrases show up in nearly every DUI case:
 Red, bloodshot eyes
 The odor of an alcoholic beverage
 Staggered gait
 Disheveled appearance
 Slurred speech

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

Thus, I 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.

For more information, contact me directly at dean@centralPennDUIDefense.com or go online to http://www.DUI-Case-Evaluation.com

Memorial Day DUI Checkpoints

On Memorial day, law enforcement is out in force to detain individuals for DUI.

At The Morgan Law Firm we are always alert for:

DUI Checkpoints in Adams County
DUI Checkpoints in Cumberland County
DUI Checkpoints in Dauphin County
DUI Checkpoints in Franklin County
DUI Checkpoints in Fulton County
DUI Checkpoints in Lancaster County
DUI Checkpoints in Lebanon County
DUI Checkpoints in York County

If you know of any DUI Checkpoints, email me at dean@CentralPennDUIDefense.com

If you have been stopped by the police and arrested for DUI in Pennsylvania, contact us today

F. Dean Morgan, Esquire
1-888-821-9446

Do I need an Attorney to Apply for the ARD Program?

It depends. If you are eligible for the ARD Program and you know and understand that ARD is the lesser of two evils, but have decided that you are willing to enter the program without a full evaluation of your case, you may be able to get through ARD without lawyer. (I know it seems strange to have a lawyer tell you that… But, I believe in being honest.) If your first contact with an attorney leaves you feeling like ARD is your only goal, without evaluating your case fully, you must evaluate whether or not his/her services are worth your hard-earned money. ARD is not your ONLY option. It is a good program, but not a great program. You should hire a lawyer who will fully and fairly evaluate your case before you make any decision about ARD. Allow us to make a full and fair evaluation of your case before you decide. The evaluation is free at: More information about my firm is available at

An Experienced DUI Defense Attorney in Central PA

Since 1990, I have viewed DUI cases from every possible angle. As a former police officer, prosecutor, and now as a defense attorney, I have reviewed hundreds of DUI cases. I know and understand the procedures and tactics used by law enforcement officers. I understand the weaknesses of the field sobriety tests, the blood & breath tests, and report writing skills of law enforcement and, more importantly, how to use those weaknesses to the advantage of my client. This experience gives me an advantage over other DUI Defense Attorneys in Central Pennsylvania.

Pennsylvania's Anti-Texting Law

Pennsylvania's new anti-texting law is presented here:

www.fdeanmorgan.com/textinglaw.html