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 […]
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. […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]