Harrisburg DWI Lawyers

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Harrisburg DWI Lawyers

Lysaght, Gary: Accelerated Rehabilitative Disposition (ARD) Information ARD Information (for first time offenders) A.R.D. is the abbreviation used for the Accelerated Rehabilitative Disposition program which has been authorized by the Supreme Court of Pennsylvania. Purpose The purpose of A.R.D. is to take offenders who have not yet made crime. A way of life and encourage them to make a new start under the supervision of the Court and Probation Officials. This program offers them the possibility of restoring a clean record by completing it successfully. To qualify, the person must have a record free from serious criminal convictions and not be accused of a crime of serious violence. Description of Program The A.R.D. Program is designed to quicken or accelerate rehabilitation. After a defendant is held for Court by an issuing authority, the District Attorney may request that the case be considered by the Dauphin County Court for Accelerated Rehabilitative Disposition. The District Attorney will make his recommendation based upon the facts of the case and the background investigation. In the event that the District Attorney does not recommend the defendant for the A.R.D. Program, then he will be notified and his case will be scheduled for trial. If the District Attorney decides to recommend the defendant for A.R.D., the defendant will be notified of the time and place of a Court hearing. At which time, he must be present with his attorney If the defendant fails to appear at this hearing, it will indicate that he does not desire to participate in the Program. The District Attorney is required to notify the victim(s) of the offense charged and of his intention to recommend the defendant for A.R.D. and seek the victimŐs feelings about it. The hearing, on the request of the District Attorney, will be held in open Court in the presence of the defendant, his attorney, a representative of the District Attorney and any victims who attend. At such a hearing, the Court will determine whether or not the defendant is eligible and understands this Program. At this hearing, the defendant will be told the following: Acceptance into and satisfactory completion of the Accelerated Rehabilitative Disposition Program offers the individual an opportunity to earn a dismissal of the pending charge(s). Should the person fail to complete the Program satisfactorily, he may be indicted, or if already indicted, tried as provided by law. The person must agree that if he is accepted into the Program, he waives the appropriate statute of limitations and his right to a speedy trial under any applicable Federal or State constitutional provisions; Laws or Rules of Court during the period of enrollment in the Program. (Rule 178). When the defendant indicates that he understands all of the above, accepts the conditions and agrees to comply, then the Judge may grant the request for Accelerated Rehabilitative disposition and shall enter the appropriate Court order. Then the defendant is accepted into the Program of Accelerated Rehabilitative Disposition and an appropriate Court Order is entered, then all proceedings on the charges(s) shall be postponed during the term of the Program. The Court can issue an Order that the defendant pay the costs; make restitution to the victim(s); and comply with all rules and regulations of the Dauphin County Probation Office. The period of this Program will be determined by the Court, but shall not exceed two years. The Judge will advise the defendant that any violation of the CourtŐs order, or the rules and regulations of the Probation Office, or any violation of any criminal law, will terminate the A.R.D. Program and the defendantŐs case will be scheduled for trial. If the defendant successfully completes the Program prescribed for: him, he may make an application to the Court for an order dismissing the charge(s) against him. If the Court grants the defendant‰ s request an appropriate Court Order will be issued discharging the defendant from probation and dismissing the charges arising out of this incident. The defendant will not have a criminal record concerning this charge(s). All persons placed on the A.R.D, Program for Driving Under The Influence Of Liquor Or Drugs are required to attend six 2ü hours classes, and undergo an evaluation for drug or alcohol dependency. If it is determined~ after testing, that you have either dependency, it is mandatory, under your conditions of Probation, to continue in an out- patient and/or in-patient treatment program, for this problems. Payment for these services must be handled by each person on a sliding scale basis, according to the individualŐs income. Court costs and fees must be paid by the time of the Court hearing. A.R.D ÔFast TrackŐ The Accelerated Rehabilitative Disposition (ARD) Program has already been explained to you above. The purpose of this section is to explain the special benefits of the ŇFast TrackÓ application process. Summary of Purpose of A.R.D. As may be evident, the primary purpose of A.R.D. in Driving under the Influence (DUI) charges is to ŇrehabilitateÓ the offender in an attempt to avoid repeat offenses. Because of these serious penalties for repeat offenders, every effort is made to help first-time offenders to avoid breaking the law again. In order to accomplish this, the A.R.D. Program concentrates on education, alcohol evaluation (and if required alcohol counseling or treatment), and positive reinforcement through supervision and encouragement. Purpose of ÔFast TrackŐ Recent studies have indicated that rehabilitation seems to be most effective when the subject enters the program as soon after the arrest as possible. Immediate action reduces the odds that the individual will commit another offense before he or she can get the necessary help. Further, defendants appear to respond positively to immediate processing since it reduces the amount of time an individual has a criminal charge (and all of the anxiety and embarrassment which often accompanies it) Ňhanging over his/her headÓ. Benefits The primary benefit to accepting the fast-track option is the minimizing of the period of license suspension. Individuals who desire to resolve their case expeditiously by taking the ŇFast TrackÓ, may lose their privileges for as little as one month. Because of the numerous benefits of the ŇFast TrackÓ application process, we hope you will seriously consider this option. Dauphin, Perry, and Cumberland County ARD Information In approximately 3 Đ 9 months you will be in County Court for your DUI charge. If you are permitted into the ARD/DUI Program, your obligations will be: Pay an ARD FEE of $800 (PERRY) / $1600 (DAUPHIN) / $1600 (CUMBERLAND) (this fee is to be paid in full prior to entering the ARD Program); Complete a 15 hour DUI SCHOOL (no additional charge); Pay for and obtain a CRN ALCOHOL EVALUATION, and if counseling is recommended you must complete such counseling and provide a written successful discharge. (The CRN alcohol evaluation contact person for Dauphin County is Jennifer Vergot @ 780-6929. Jennifer will need your arrest date, the police department name, and your BAC level. The CRN for Dauphin County should be scheduled ASAP.) The ARD/DUI LICENSE SUSPENSION is based on your blood alcohol level Less than .10 BAC š NO Suspension .10 to less than .16 BAC š 30 day Suspension (or Drugs) .16 BAC and above š 60 day Suspension If you refused the BAC test or were under the influence of a drug other than alcohol or an accident occurred, your suspension will be 60 days. Minor at time of offense Đ 90 day Suspension CDL will be disqualified for 1 year/ 3 year with hazmat Dauphin County ARD also requires 40 hours of COMMUNITY SERVICE. DRUG CASE DEFENDANTS WILL BE DRUG TESTED ON COURT DAY! If you DO NOT QUALIFY FOR ARD, you will be court ordered to: Pay approx. $1500.00 in court costs, fines, and fees plus $35/month supervision fee; Complete a 15 hour DUI School; Pay for and obtain a CRN alcohol evaluation, and if counseling is recommended you must complete such counseling and provide a written successful discharge. CDL will be disqualified for 1 year/ 3 year with hazmat. JAIL OR PROBATION: A DUI conviction carries the following mandatory minimum penalties based on Blood Alcohol Content (BAC) and number of prior offenses (within past 10 years): General Impairment (.08-.099 BAC) 1st OFFENSEš 6 months probation, No suspension 2nd OFFENSEš 5 days JAIL, 12 month suspension, 12 months interlock 3rd OFFENSEš 10 days JAIL, 12 month suspension, 12 months interlock High Rate of Alcohol (.10 Đ .159 BAC, accident, under 21) 1st OFFENSEš 48 hrs JAIL, 12 month suspension 2nd OFFENSEš 30 days JAIL, 12 month suspension, 12 months interlock 3rd OFFENSEš 90 days JAIL Đ 5 years, 18 month suspension, 12 months interlock 4th OFFENSE š 1-5 years JAIL, 18 month suspension, 12 months interlock Highest Rate of Alcohol (.16 and higher BAC, controlled substance, refusal) 1st OFFENSEš 72 hours JAIL, 12 month suspension 2nd OFFENSEš 90 days JAIL š 5 years, 18 month suspension, 12 months interlock 3rd OFFENSE š 1-5 years JAIL, 18 month suspension, 12 months interlock Alcohol Highway Safety School (DUI School) Options All DUI defendants in Pennsylvania are required to complete a DUI Alcohol Safe
Kelly, Parker & Cohen: Even your first conviction for DUI can result in jail time. A second or subsequent conviction can result in a jail sentence for months to over a year. In addition, a conviction could result in additional life-altering consequences which include loss of your driver's license, significant fines, increased insurance rates or loss of your insurance and the installation of an ignition interlock system. As a result, if you have been charged with DUI/DAI, it is important that you contact an attorney immediately. There may be legal issues upon which evidence can be kept out of court or which could help you win your case, or there may be options which may permit you to avoid jail time. This is why you need an experienced DUI defense lawyer.
Robinson & Geraldo: Criminal Sometimes...bad things happen to good people. Sometimes...people make mistakes. No matter what the situation, it is not always easy understanding your rights.
McQuillan Law: misdemeanors, felonies, DUI/DWI and DMV hearings
Cunningham & Chernicoff: Criminal Defense Defense of criminal charges involving fraud, white collar crime, DUI, traffic charges, and others.
Turner & O'Connell: Criminal Defense Have you been accused of drunk driving (DUI/DWI) or any other criminal offense? You can take immediate action to defend your rights.
McCarthy Weisberg Cummings: Drunk driving and traffic violations: Many people face criminal charges simply for making a poor decision.
Laguna Reyes Maloney: Perhaps you are driving on Route 83, Union Deposit Road in Dauphin County, or one of the other roads designated as DUI or DWI checkpoints by the tri-county DUI task force. You often drive these roads and have gained a familiarity with the local terrain. Maybe you are on your way home from work, having stopped off for a quick drink with friends, or are returning from a dinner party at which you drank a couple glasses of wine. You feel in control, but are nevertheless stopped by a police officer and are now faced with a DUI charge.
Caldwell & Kearnes: If you were arrested for a crime, it is important to know your rights and to have an experienced defense lawyer on your side who will fight to protect your rights.
Maffett Law Offices: Individuals charged with DUI face potential consequences of jail time, fines, license suspension and escalating insurance rates. In Pennsylvania, the severity of these punishments correlates directly with the blood alcohol level found in a person's system. That is why it is essential to have an experienced criminal defense attorney who understands variables of each individual case.
Gover, Perry & Shore: Pennsylvania does not want people to refuse a DUI test, and the law adds punishment to those who do refuse. If you have been arrested for DUI, whether you took the test or refused the test, talk to a lawyer who can guide you through the DUI process and help you resolve the charges.
Mancke, Wagner & Spreha: Casualty Insurance General Civil and Criminal Practice Driving While Intoxicated License Suspensions and Transportation Law Negligence Motor Vehicle Violations Municipal Law Domestic Relations
Ross, Alan: DUI/DAI PDF Print Anyone accused of DUI / DWI, driving under the influence of drugs, or any other drinking and driving offense can trust the Law Office of Alan Michael Ross to achieve the best possible outcome in court. Because the consequences of a drunk driving arrest can be so severe, it's important not to entrust DUI / DWI defense to an amateur. In Pennsylvania a person can face mandatory incarceration and a mandatory loss of license. The law provides several ways to avoid these harsh penalties. Many individuals are eligible for programs for first time offenders which remove the mandatory's and, if successfully completed, can result in a criminal record being expunged. Both criminal and civil penalties for drunk driving can be harsh and often include: Ą Loss or suspension of license Ą Large fines Ą Substance-abuse treatment Ą Jail or prison time Ą Community service Ą Restitution Ą Criminal record Ą Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses In addition, the social stigma and effect on your career may have lifelong negative consequences. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. If you have been stopped for, arrested for, or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an attorney who has experience handling drunk-driving cases... Anyone accused of DUI / DWI, driving under the influence of drugs, or any other drinking and driving offense can trust the Law Office of Alan Michael Ross to achieve the best possible outcome in court. Because the consequences of a drunk driving arrest can be so severe, it's important not to entrust DUI / DWI defense to an amateur. In Pennsylvania a person can face mandatory incarceration and a mandatory loss of license. The law provides several ways to avoid these harsh penalties. Many individuals are eligible for programs for first time offenders which remove the mandatory's and, if successfully completed, can result in a criminal record being expunged. Both criminal and civil penalties for drunk driving can be harsh and often include: Ą Loss or suspension of license Ą Large fines Ą Substance-abuse treatment Ą Jail or prison time Ą Community service Ą Restitution Ą Criminal record Ą Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses In addition, the social stigma and effect on your career may have lifelong negative consequences. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case. If you have been stopped for, arrested for, or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an attorney who has experience handling drunk-driving cases, like the Law Office of Alan Michael Ross in Harrisburg, Pennsylvania. Terminology and Elements of Drunk Driving: The offense of drunk driving goes by a variety of names among the states, including: Ą Driving under the influence (DUI) Ą Driving while intoxicated (DWI) Ą Operating under the influence (OUI) Ą Operating while intoxicated (OWI) Ą Driving under the influence of intoxicants (DUII) Ą Driving while under the influence (DWUI) In the language of the Pennyslvania Statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise. Driving Requirement The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but the car was turned off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered these various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer¨. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated. Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver's license may be revoked or suspended. BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely. Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include: Ą Finger-to-nose test Ą One-legged stand Ą Walk-and-turn test Ą Horizontal-gaze-nystagmus test Ą Picking up coins Ą Counting backwards Ą Reciting the alphabet Ą Throwing and/or catching a ball Conclusion Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life.
Foreman, Foreman & Caraciolo: DUI law is always changing. From new ways to challenge law enforcement's field sobriety tests, to contesting the constitutionality of Breathalyzer tests, to statutory changes for "driving while imbibing," ... keep up with the latest developments in the DUI statutes and the latest research and defense strategies in order to give our clients an opportunity to successfully contest their charges. A Second Chance for First-Time Offenders Sometimes first-time DUI offenders can take advantage of a second chance Ń special programs, like Accelerated Rehabilitative Disposition (ARD), to avoid having a conviction on their records. License Suspension Losing your driver's license after a DUI can have a serious impact on your life, but many law firms do not address the administrative measures necessary to save your driver's license. Most people need their driver's license in order to earn a living, but if you choose to drive after your license has been suspended, you could face even harsher penalties and fines.
Curcillo, Joseph: In Pennsylvania, the penalties associated with a DWI/DUI arrest can vary based on what your blood alcohol level is and whether you are a first-time offender or a repeat offender. Our job starts with helping you understand the penalties you will face if you are convicted.
McShane, Justin: * Driving Under the Influence - Driving After Imbibing - the "new" DUI Law o We specialize in challenging Breathalyzer or Blood BAC results, the Probable Cause for the Vehicle Stop, the Probable Cause to Arrest, the Standard Field Sobriety Test, Chain of Custody, O'Connell Warnings, DL-26 issues, Miranda Warnings, Roadblocks, License Suspension, and all aspects stemming from a DUI Stop. * Alcohol Related Offenses o Driving Under Suspension DUI Related o Underage Drinking o Homicide by Vehicle While DUI o Aggravated Assault by Vehicle While DUI o Corruption of Minors o Misrepresentation of Age to Secure Alcohol o Representing a Minor is of Age o Inducement of Minors to Buy Liquor * Traffic/Vehicle Violations o Driving Under Suspension o Reckless/Careless Driving o Fleeing or Alluding Police o Homicide by Vehicle o Aggravated Assault by Vehicle o Accident Involving Death or Personal Injury o Accident to Unattended Vehicles o Altered or Forged Title of Plates o Prohibited Activities Related to Odometers o Roadways Lane for Traffic o Speeding o Points on Licenses/License Suspension + Occupational Limited License + Probationary License o Habitual Offenders o All Other Vehicle Code Infractions
Crisp, Jonathan: Facing criminal prosecution can be an overwhelming and frightening experience. All too often persons charged with a crime give up important rights out of a sense of helplessness or simply because they do not understand the criminal justice system. It is imperative you understand what your rights are and act quickly to protect them because you risk losing key witnesses or other evidence and make the governmentŐs job that much easier. The sooner your attorney is involved in investigating the facts of your case and formulating your defense strategy, the better your defense will be at trial.
MCSHANE LAW FIRM: Just like you would not go to doctor who specializes in foot-related issues (podiatrist) for brain surgery, don't trust your liberty, your life and your driver's license to an attorney who takes any old case that walks in the door. You deserve not just a good attorney, but rather the very best qualified attorney to help you.
Scaringi & Scaringi: If you are reading this page, you may already need to speak to a lawyer. Getting arrested is a frightening experience, particularly if it is your first (and only!) brush with the Pennsylvania criminal justice system.
J. Michael Sheldon: Criminal conviction can result in severe punishment that can affect you for the rest of your life. However, if you have committed a minor offense, you may be eligible to enter into an Accelerated Rehabilitation Disposition (ARD) program that involves probation and rehabilitative treatment as an alternative to more severe punishments. Upon completion of the program, the charges against you will be dropped. You never plead guilty and you are never convicted.
McShane Firm: examine and possibly challenge the probable cause for the vehicle stop, to make sure that the Intoxilizer 5000 was properly maintained and used and the results are properly admitted into evidence, to make sure no 4th Amendment violations occurred in the officer's or trooper's securing of your blood sample, to make sure that PennDOT does not suspend your license for too long and many, many other aspects surrounding a Driving Under the Influence charge.
Beinhauer & Curcillo: The basic thrust of the drunk driving laws is that they are to prevent operation of a powerful machine when a person is too intoxicated to have adequate control of the machine. The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol or illegal drugs, or (2) showing that the person was impaired. The first method is the one most often used. It does not rely on anyone's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or drugged while driving to give a sample of his or her breath or blood for testing. This so-called "implied consent" comes about because the statute provides for it whenever a person gets a driver's license. Once the sample is given, it is analyzed by a machine that measures the concentration of alcohol in a person's blood. One common limit for blood-alcohol content is .10 percent, although in recent years there has been a push to lower that limit to .08 percent. Any person who tests over the limit is legally intoxicated. The only way to challenge the charge is to show that there was some failure in the test procedure, such as a malfunctioning machine, improper sampling, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence.
Daniel Myshine: The use of marijuana for medicinal purposes remains controversial, and in most states, illegal.Marijuana use has been advocated as being beneficial for the treatment of patients suffering from cancer, AIDS, anorexia, epilepsy, arthritis, migraines, and glaucoma. Despitethe claimedmedical benefits, the use and possession of marijuana forsuch purposes has not yet become completelylegalon a state or federal level.
McShane and Hitchings: "Why would you want someone representing you who might have been against you in the past?"
Goldberg, Katzman & Shipman: USE OF DUI ARRESTS IN ADMINISTRATIVE HEARING
Killian & Gephart: First DUI offense: 48 hours in jail, 6 months standard license suspension if you plead guilty; however, if you can get ARD (a program that is controlled by your county D.A.), you don't do jail time and you lose your license for four months.

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