New Case Law Renders Blood Results Inadmissible

The case law in Pennsylvania has changed.  Traditionally, blood results of a drivers .BAC (blood alcohol content) were admissible at trial.  The evidence was often devastating to defendants as it proved to a degree of scientific certainty the defendant was intoxicated.  However, recent case law has rendered virtually all .BAC results taken with O’Connell Warnings […]

Veterans Court For Philadelphia DUI Cases

DUI cases have serious implications.  While the effects of a first-time DUI are not life altering, a second or third offense can have a dramatic impact.  By way of illustration, the mandatory sentence for a second offense highest tier is ninety (90) days in jail.  This three month period of incarceration can change your life. […]

INHERENT “MARGIN OF ERROR” IN DUI CASES

Even if proper procedures are correctly followed in a blood or breath test, blood alcohol analysis is not a perfect process.  It is generally recognized by scientists the .BAC testing has a inherent or built in “error factor.  Some experts will testify to a ten percent (10%) margin of error for a blood test at […]

DUI Second Offense Dismissed (Defendant Walks)

Defendant was charged with Driving Under the Influence – Second Offense.  If convicted, defendant faced a mandatory minimum sentence of ninety days incarceration, a $1,500.00 fine, Alcohol Highway Safety School, an eighteen month license suspension, Ignition Interlock, and a drug and alcohol assessment. Defendant wished to plead guilty.  However, after a lengthy discussion, defendant changed […]

Argument: Reject Accelerated Rehabilitative Disposition!

At a Philadelphia Continuing Legal Education (CLE) class, I overhead a lawyer tell another lawyer, “Whenever ARD is offered, you should always take the deal.”  He is wrong. ARD stands for Alternative Rehabilitative Disposition.  It is a program offered by the district attorney to most first-time DUI offenders. The defendant pays court costs, attends classes, and […]

5 Great Tips For DUI Stops

Be polite & courteous to police; You have a right to remain silent; You have a right to refuse sobriety tests; If you refuse the tests, your license will be suspended for one year; and Contact a DUI attorney. Don’t try to represent yourself.

Mandatory Minimum Sentences For DUI Convictions (PA)

The following are some mandatory minimum sentences for more serious violations of Pennsylvania’s Motor Vehicle Code.  Some mandatory minimum sentences can be re-negotiated or beaten.  Recent case law has also called into question the constitutionality of mandatory minimum sentencing.  It is important that you speak with a lawyer if facing any of the following criminal […]

The Real Reason For DUI Treatment Court (DUITC)

According to a recent poll by NPR, the approval rating for Congress stands at 7%.  The rating is the lowest in the history of the poll.  Congress is viewed so poorly because The People recognize that it is a corrupt, self interested political body.  The people in congress care more about platitudes than action, more […]