Pennsylvania DUI and DWI Legal Questions

It is certainly possible that you will be kicked out of ARD.  In Montgomery County I have found that the best policy is to have a lawyer write to the DA and disclose the new arrest.  Often this policy of honesty will result in the DA agreeing to leave you in ARD on the first case so long as you agree to plead guilty to the second case.  There is more to discuss about this so make sure you contact a good lawyer.  ... Read Answer

You have not provided enough information. A sentencing judge uses the PA Sentencing Guideline matrix when imposing you sentence. It relies on prior record scores. DUI sentences are also impacted by you BAC. You need to retain counsel to not only minimize the incarceration but also collateral consequences.... Read Answer

This will be a first offense for purposes of determining the mandatory minimum (as long as you were convicted in 2000 or at least ten years before the new arrest) but it will be third for purposes of the Judge considering your priors in determining a discretionary sentence and for PennDOT requiring ignition interlock.  Best of luck.  Steve  ... Read Answer

In Nevada the DUI law requires that a judge consider the fact that children under the age of 15 are present in the vehicle as an aggravating factor meaning the judge can impose a more severe penalty up to 6 months in jail and $1,000 fine. In some cases the Prosecutor may file separate charges of Child Endangerment as Gross Misdemeanors which have a maximum penalty of 1 year in jail and $2,000 fine for each count.... Read Answer

Michigan law requires that a person arrested for a misdemeanor offense of operating while intoxicated must be arraigned within 14 days, have the pretrial in 35 days (42 days if it is a 1 judge court), and have the matter adjudicated in 77 days. However, the court cannot dismiss or otherwise sanction a party for failure to meet these deadlines. Most courts expect a defendant to waive these timelines if the case will extend past 77 days. I suggest you contact the traffic court clerk of the court where your case is pending and try to get an answer to what is going on with your case since there is no way that the court can dismiss the ticket under the statute. If you have hired an attorney to represent you, ask him to find out what is going on with the case.... Read Answer

Counselors and even probation officers have a lot of discretion so there is no way to know whether your admission will be reported.  Even if it is reported you may have a defense, as your admission was made in a therapeutic setting so should not be used for punitive purposes.  Look at the Pennsylvania cases addressing therapeutic polygraphs versus investigative polygraphs for an analogy that might work in your case, and then get a very good lawyer.  Steve Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  Become a Fan of Fairlie & Lippy, P.C. on Facebook Follow us on Twitter  ... Read Answer

You should consult a good DUI attorney from each state as it is possible that both requirements will apply depending on what you choose to do. Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net ... Read Answer

This will be a first offense for mandatory sentencing purposes, but the Judge has discretion to consider the prior offense in sentencing (it just does  not subject you to the mandatory sentence associated with a second offense).  There is a lot of good information on DUI at http://fairlielaw.net/practice-areas/dui/ so you might want to check out the link.   Steven F. Fairlie, Esq. Fairlie & Lippy, P.C. 1501 Lower State Road, Suite 304 North Wales, PA 19454 voice: (215) 997-1000 fax: (215) 997-1777 steve@fairlielaw.net www.fairlielaw.net  ... Read Answer

You should get a lawyer as there are lots of complex decisions to make in a case like this and you probably are not equipped to make them.  If you want to try here is an excellent resource for Pennsylvania underage drinking: http://fairlielaw.net/practice-areas/underage-drinking/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net ... Read Answer

In Pennsylvania a DUI can occur even if the driver drank AFTER driving.  There is no longer any requirement that the drinking occur before the driving or that the person be under the influence at the time of driving.  This may be unconstitutional, but the appellate courts in PA have not found that argument persuasive.  Check out the link below for a lot of useful information about PA DUI laws:  http://fairlielaw.net/practice-areas/dui/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net... Read Answer