Pennsylvania DUI and DWI Legal Questions

Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually very frequently.  Before chatting, I'd like to look your case up so I can review it and best prepare to discuss with you. Could I have a name and phone number to contact you at? In order to fix a DUI charge it is extremely important to be proactive. I have developed a Roadmap over many years of doing this that goes over exactly what needs to be done, who to contact, and how to do it. I like to provide my clients with this and make sure you fully understand it so you can begin getting us that ammunition to fix this. Being proactive too will likely greatly help the fallout that will be occurign since you are on State Parole. Getting ahead of this will be a big deal there as well. T.L. Kearney, IV Ph: 717-668-8159 x2... Read More

Yes, you definitely should seek counsel. You will get your charges once your blood work comes back, which can take about a month. So get ahead of it! There are things that you can and should be doing now, which will put you in a position to completely fix this later if you start now. You will be charged, so don't waste the enxt month doing nothing for this. Whenever I have a client get to me early like this, I provide them with a roadmap of exactly what needs to be done, who to contact, and how to do it. The Court and prosecutors love the proactivity down the road and you will put yourself in a position to fix you case. Timing is everything with these cases!... Read More

The day before is late to be seeking help. Hopefully you hired a lawyer or he can state "I need a continuance to hire a lawyer". Then hire private counsel. There are a number of ways to attack the case depending upon the facts. Private counsel can analyze the facts and decide the best avenue(s) of defense. ... Read More

The right to a jury trial is not absolute in Pennsylvania.  That's an important distinction in your case because it sounds like this is a first offense DUI.  First offense DUI's in Pennsylvania carry a 6 month maximum sentence, which means you are only entitled to a trial by a judge.  Innocent until guilty still applies but the Judge is hearing the case, not a jury.  Second, if you were denied a hearing at your preliminary hearing you could request to have it reinstated, depending on what county you are in, that is a possible chance.  Be advised, the smell of marijuana clings to things and at six feet a person would absolutely be able to smell it if you had smoked recently.  Also be aware, that officers say they smell weed all the time and almost never actually find it.  Finally, ARD is not a bad option in most cases because it leaves you without the mandatory jail time and conviction.  Call a few local attorneys, chat with them, many do do payment plans.  If you don't like your attorney, pardon the cliche, there are many fish in the sea.  ... Read More

Highly doubtful.  Did you appeal the license suspension in the time frame allowed?  PennDOT does not care about the criminal case.  They dont really even care if you were DUI.  The license suspension is because you failed to give a chemical test when asked.  They do need to establish the request was lawful, but that is a vety fact specific analysis.     All of that being said.  Talk to a local attorney who handles PennDOT appeals.  They will know how local judges handle these types of things.  Some judges may consider the juries verdict and cut you a break.  But the law is pretty clear that they dont have to.  ... Read More

So there is a lot of unpackaging to do here.  You had a VOP that you did time for.  That is bad.  You had a child in the car.  That is also bad.  You were on methadone.  Very bad.  So here is the real deal, you are in this pretty deep.  I am hearing at least three or four issues that you need to consult with an attorney for.  The problem is that no one on a website will know enough information to help you.  You have a lot of issues that you need help with.  Consult with a local attorney who knows the prosecutor to get that help.   PS.  Endangering the Welfare of a child has a defenses.  Don't just guess.  Get an attorney... Read More

In a negotiated plea situation the judge is not bound by the terms of the negotiation.  If the judge choose to not accept the terms of the negotation the Defendant has two options.  They can withdraw the plea and the fact that they pleaded cannot be used against them.  Or they can enter into the plea anyway and attempt to secure either a different deal or leave the sentence up to the judge.  So, can what you describe happen?  Sure.  What happened?  That you would need to speak to the attorney of the person sentenced about.  ... Read More

Two things that are important to note: 1.  What you feel you entitled to and what the court could award you are two very very different things.  2.  There is literally no way to answer whether or not you have a cause of action for false arrest with the facts above.   Just because you won your case does not mean you have a civil rights claim for false arrest.  I am not trying to say you don't either.  There are attorneys who specialize in this kind of work.  You need to contact one of them quickly because there are time limits on filings these types of cases. ... Read More

Entrapment is the officer inducing you to do something that you otherwise wouldn't without being so induced.  There is nothing about this case that is entrapment.  Could they have stopped you earlier?  Maybe.  Most likely they had a question so they continued to observe you.  When they felt that they had sufficient probable cause they stopped you.  Whether a court will agree they had sufficient probable cause is another matter entirely.  That question is best answered by an attorney who has access to discovery and knows all the local players.  Talk to a local DUI attorney and let them walk you through the potential outcomes and the best way to fight your case.  ... Read More

The short answer is yes, they can and will use them against you.  That being said if they arw more than 10 years old they dont figure into the mandatory minimum.  So its entirely possible this is a first offense for sentencing purposes.  But, the priors are added to your prior record score.  Additionally, the DA will make the judge aware of your priprs at sentencing.  ... Read More

Is what site a scam?  LAwyers.com has many lawyers available on it that answer questions.  If you hired an attorney and you are concerned about their status you should look to the Supreme Courts website for the disciplinary board.  It has a registry of all the attorneys in the state and the status of their license.  ... Read More

It depends.  The defense of your current citation would not include the ability to challenge the validity of the suspension.  The officer just has to prove that you were suspended.  I have had cases in the past where we did what is called an appeal nunc pro tunc and attempted to reverse the suspension.  If you are successful often times you can get the officer to remove the driving while suspended ticket.  This is not an easy process and really should be done with the assistance of an experienced attorney.  You are talking about 3 or 4 court appearances and many times negotiations get you to a better result than actually trying the matter.  Sit down with a local traffic attorney and let the work through the details.    ... Read More

The Preliminary Hearing has the lowest burden of proof that the Commonwealth has to face in a criminal proceeding.  Its important to note that this burden is so low because its not a guilt finding phase its merely a factual hearing to determine whether significant evidence exists to establish that a crime may have been committed and that you may have been the one who has committed it.  As such, it is rare to have a case dismissed outright at the preliminary hearing.  This does not mean its impossible, but because it is not a guilt finding phase the Commonwealth can refile the charges against you even if the charges are dismissed.  OFten times the best use of a preliminary hearing is to examine the officer to determine whether suppression defenses may exist.   It sounds like you have representation at the preliminary hearing.  This is wise.  A good DUI attorney can learn alot about a case at a preliminary hearing and can help you prepare for a trial.  ... Read More

It is very typical to not receive your blood results prior to your preliminary hearing.  It generally takes a few weeks for the Commonwealth to get them done.  They are not done by the hospital where they are taken usually, they are generally sent to a state lab that is certified to do lab reports for DUI.  It is highly unlikely that they will be sent to your house, rather, they will be handed over at the preliminary hearing.  In general they need those results to establish per se DUI's.  General Impairment requires only an officers testimony.  In some cases the Commonweath will proceed without the results on a general impairment charge and then amend the charges at the Common Pleas court level.  They are allowed to do this because DUIs are considered cognate offenses.    The up and down of all this is that DUI is a highly technical defense.  Often times people undertake their own defense thinking its a simple charge and therefore easy to "beat".  There is no substitute for competent attorney representation.  You may be missing out defenses that would be successful in targetting defenses that the internet advises you will work (but dont).  ... Read More

Normally, your license is not suspended until the conviction is registered. If you did receive a notice of suspension, you can file for a supersedeas from PennDOT's suspension, in the Clerk of Courts. All of the time deadlines to do this are on the Notice of Suspension you received. Take your papers to an attorney.... Read More