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1. O'Meara, Steven: * Did the police have probable cause to pull you over? * Were your rights clearly explained? * Were field sobriety and breath tests administered properly?
2. Gillin, Michael: * Bankruptcy Personal * Corporate * Business Commercial Taxation * Bankruptcy * Business Formation * Corporate Reorganization * Representing Sole Proprietors, Partnerships, Corporations, Trust and Non-Profit Groups * Employment Relations Employment Contracts * Compensation * Benefits * Employee Handbooks * Estate Planning Management * Wills * Trust * Taxation * Family Law Adoption * Custody * Divorce * Support * Litigation Arbitration * Civil * Commercial * Criminal * Appellate Representation * Motor Vehicle Accidents * Motor Vehicle Code Violations * Municipal Law Land * Water * Sewer * Personal Injury * Taxation * Bankruptcy * Real Estate * Real Estate Law Real Estate Taxation and Appeals * Residential and Commercial Development, Planning, & Zoning * Tax Preparation of Federal and State Inheritance Tax Return * First and Final Accounts for Orphans' Court * Fiduciary Tax Returns * Personal and Corporate Tax Returns * Tax Issues Affecting Divorce
3. Donato, Arthur: People who with perfect justification would never think of themselves as criminals, can nonetheless find themselves under criminal investigation or facing serious charges in the aftermath of a serious motor vehicle accident resulting in extensive injuries or death to another motorist, a passenger, or a pedestrian. People in this situation face not only the prospect of a lengthy period of incarceration, but also the suspension or revocation of their professional licenses, and incalculable damage to their reputations.
4. Berman & Asbel: You thought it would never happen to you...but it did. You've been arrested for drunk driving and are facing DUI charges. What happens next? Will your license be suspended? Will you be able to get a conditional permit to keep driving to and from work? Are you looking at possible jail time?
5. Bernari Law Firm: If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected.
6. Giribaldi & Manaras: Have you been pulled over, arrested and accused of drunk driving? If so, you are likely feeling intimidated and unsure of what to do next.
7. Hoppe & Martin: * Child Abuse * Child Pornography * Obscenity * Pedophilia * Pornography * Prostitution * Rape * Sexual Offenses * Sexual Abuse * Sexual Assault * Sexual Harassment * Statutory Rape * Bank Fraud * Bribery * Computer Hacking * Counterfeiting * Credit Card Fraud * Cyber Crime * DUI/DWI * Email Interception * Embezzlement * Extortion * Forgery * Health Care Fraud * Identity Theft * Indecent Exposure * Insurance Fraud * Internet Fraud * Money Laundering * Pyramid Schemes * Racketeering / RICO * Tax Evasion / Tax Fraud * Telemarketing Fraud * Wire Fraud * Possession/Sale of Narcotics * Aggravated Assault * Arson * Assault and Battery * Domestic Violence * Hate Crimes * Homicide * Manslaughter * Murder * Terrorism * Theft * Larceny * Perjury * Stalking
8. Wray, Kevin: How To Reduce The Likelihood of a DUI Conviction (Pennsylvania Only) Reply to: serv-790698595@craigslist.org Date: 2008-08-10, 10:09AM EDT It goes without saying that the best way to avoid a DUI conviction is simply not to drive under the influence. But if you have been drinking, and you do get stopped, here are several tips for minimizing the likelihood of it leading to a DUI conviction: 1. Find A Safe Place To Pull Over If The Officer Lights You Up. One of the first things the DUI officer looks to is your judgment in choosing a place to pull over, and how well you negotiate your stop. Try to relax. Don't stop in traffic. Drive ahead slowly until you find a safe place, then signal and slow to a stop. 2. Keep Your Hands On The 10 and 2 Positions Of The Steering Wheel. Understandably, every officer worries about someone pulling a weapon at a traffic stop. Even the most innocuous-looking driver could be armed and dangerous. Alleviate the officer's worry by keeping your hands on the steering wheel-where the officer can see them-until he approaches the car. Don't go for your license and registration until he instructs. He'll appreciate the courtesy, and the encounter will get off to a better start. (If you keep your registration or insurance card in the glove compartment -- tell the officer first that is where it is and then ask if you can retrieve it) 3. Do not To Make Any Unnecessary Statements. You must tell the DUI officer your name and provide documents such as your license, registration and insurance information. But the DUI officer will ask you whether you've been drinking, what you drank, how much, when, etc. You have no obligation to answer these questions, and you generally should not. Politely tell him, "I've been advised never to answer these sorts of questions and I don't wish to do so." Almost always, the answers you give will hurt, not help, your situation. If you have been drinking, the worse thing you can do is to lie and say you've had nothing to drink. The DUI officer will know you're lying and your dishonesty may be used to impeach your credibility later of the case gets to court. Again, simply decline to answer the questions at all. 4. Decline The Field Sobriety Tests. Though the DUI officer may not inform you that you have a right to refuse to take these tests, you do. Generally, you should decline to take them. The field sobriety tests usually only hurt your DUI case. In DUI reports, the officers tend to exaggerate your every mistake and while overlooking all that you do correctly. The officer may paint you as having failed the tests even if you performed them reasonably well. He probably expects you to perform them perfectly, a feat many completely sober people can't even accomplish. 5. Decline The Preliminary Breath Test (PBT) Test. The Preliminary Breath Test (PBT) test is a handheld device the DUI officer may ask you to blow into right at the scene of the DUI traffic stop. Officers are supposed to advise you of your right to refuse the test- an advisement they frequently fail to give. Generally, you should refuse it. The DUI PBT devise is totally unreliable. It often gives falsely high readings that are inadmissible in Pennsylvania Courts. Better not to take it. 6. DO NOT REFUSE A CHEMICAL TEST AFTER ARREST. If the officer does arrest you for DUI, he will make you submit to a breathalyzer or blood test. Under Pennsylvania's implied consent law, this one you have to take. No one will physically force you to take it. But a refusal makes the consequences of a DUI more severe, including possibly a one-year suspension of your Pennsylvania drivers license. 7. Make An Itinerary Of Events Leading To The Arrest. Your DUI defense lawyer will need to establish a detailed timeline of everything you did in the hours preceding the DUI arrest: what you drank, where, with whom, when, etc. Write out this itinerary as soon as possible, while it's still fresh in your mind. Also, save any receipts from purchases of food and alcohol, and make a list of any witnesses who were with you up until the arrest. 8. Contact Someone Right Away. If you get arrested for DUI, call a friend or family member from jail as quickly as possible. Allow a third person to hear you speak logically and coherently, and to hear whether your speech is in fact "slow and slurred" (as the DUI officer will probably allege). 9. Be Polite. Yes, I advise you not to answer certain questions, not to take the field sobriety tests and not to take the PBT test. Nevertheless, you should always be polite, courteous and cooperative with the officer-even if he doesn't show you the same respect. (In general, the police cannot object to you saying "Officer, I know you have a job to do, but I must protect my legal rights. I will not answer any questions for which I have the right to speak with an attorney nor will I comply with any requests that I am not legally required to do.") Remember, the police officer has great discretion out there. He can simply let you go if he chooses. He can let you call someone to come pick you up. If he does arrest you for DUI, he can leave your car at the scene, rather than towing it. He can go easy on you in the DUI report. Always try to be a pleasant, friendly, and non-confrontational with the police officer as much as possible, ie you want the officer to view you as a friend, not as an enemy, danger, jerk or jackass. If you are arrested, you will need an attorney right away. You will want an experienced DUI attorney. My name is Kevin Mark Wray. I represent people charged with DUIs. I don't just do first time offenders and guide them through the ARD process; I handle all types of DUI cases. I leave no stone unturned in providing my clients with the best defense.
9. Pachtman Law Office: Frequently Asked Questions About Driving Under the Influence (DUI) I was arrested for DUI in Pennsylvania, what happens now? Almost 40,000 individuals are arrested each year in Pennsylvania for Driving Under the Influence (DUI). A DUI arrest can have a substantial effect on your private, professional, and social life, not to mention your wallet. A DUI arrest in Pennsylvania will trigger two cases. The first case is the court case, with a variety of potential consequences including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more. The second case is the driver's license case where the Pennsylvania Department of Transportation will seek to take away your driver's license in a separate action. After your arrest you will at some point receive a notice to appear before a District Justice. You have the option to waive this preliminary hearing and have your case transferred to the criminal court in Media, Pennsylvania. Or you can request that the District Justice hold a preliminary hearing on the charges. After the hearing the District Justice can either dismiss the charges or require you to appear in Media, Delaware County in the Court of Common Pleas. If you plead guilty in criminal court or are convicted of DUI, you must undergo a CRN (Court Reporting Network) evaluation, which you will have to pay for out of your own pocket. This evaluation is used to determine whether or not you have an alcohol or substance abuse problem. In addition, you will have to attend an Alcohol Highway Safety School at your own expense and complete (up to 150 hours) community service. Following your evaluation, you will be scheduled for sentencing. Pennsylvania has mandatory minimum sentences for DUI and they are based upon the number of offenses you have committed in the past. OFFENSE JAIL TIME FINES 1st Offense 48 Hours to 6 Months $300 - $5,000 2nd Offense (Within 10 Yrs) 5 Days to 5 Years $300 - $10,000 3rd Offense (Within 10 Yrs) 10 Days to 5 Years $500 - $10,000 4th Offense (Within 10 Yrs) 1 Year to 5 Years $1,500 - $10,000 Also, as mentioned above, if you are convicted of DUI, your driverÕs license will be suspended for at least one year. Will a DUI make my car insurance cost increase? Yes. You will be considered a Òhigh riskÓ driver. Your premium could increase as much as fifty percent and if you are on a family policy, the insurance company may even cancel the policy or refuse to renew it. Furthermore, your arrest will be kept on record with the insurance company for three years. What is A.R.D. and am I eligible for it? A.R.D. is short for Accelerated Rehabilitative Disposition. It is a program for first-time offenders, essentially designed to keep them out of the criminal justice system. The District Attorney controls admission into the program and it is similar to being placed on probation. When an individual is accepted into the program, they are required to follow certain Court ordered conditions, like community service. A.R.D. has many benefits. First, the period for which your license is suspended is much shorter. Typically, in Delaware County an A.R.D. license suspension is three months. Also, A.R.D. is not a conviction, so this allows you to answer ÒnoÓ to questions about a criminal history on job applications. Furthermore, it keeps you from having to go to jail. However, it is important to remember that if you are ever arrested and convicted for a crime later on, the A.R.D. will count against you and the court will consider your prior ÒconvictionÓ under the A.R.D. program. Are minors treated differently when it comes to DUI charges? Yes. The DUI law as it pertains to persons under twenty-one is even more stringent. The normal blood alcohol threshold is 0.08%. However, if you are under twenty-one, and your BAC is 0.02% or greater, you can be arrested for DUI. In addition, underage DUI offenders also face the charge of underage drinking, which can involve a fine up to $300 and suspension of your driverÕs license. Please note that in Pennsylvania, if you are between the ages of eighteen and twenty-one, you will be processed as an adult. However, if you are under eighteen, you are considered a juvenile. As such, you will be processed differently, and will proceed through the Juvenile Court system. Penalties for juvenile offenders may be different from adult DUI offenders. Am I eligible for a work permit if my licensed is suspended due to a DUI? It depends. If your Pennsylvania driving privilege has been suspended because of a first-offense DUI, you will most likely be eligible for what is called an Occupational Limited License (OLL). An OLL is a limited driverÕs license that allows you to drive a designated motor vehicle, under certain conditions, only when it is necessary for your occupation, work, study, trade, or medical treatment. However, if at the same time you were convicted of DUI, you were also convicted of something like Homicide by Vehicle, Fleeing a Police Officer, Driving Without Lights, Reckless Driving, or Leaving the Scene of an Accident, you are NOT eligible for an OLL. Keep in mind that if your CDL has been suspended and you apply for an OLL, you are eligible for a non-commercial OLL only. However, even if you are eligible for an OLL as a first time offender, under current law you must wait 60 days before applying for an OLL. In most jurisdiction the period of the suspension in the ARD program is 90 days. Therefore, by the time you forward the application for the OLL to the Commonwealth and it is processed and returned, the 90 dau suspension will likely have passed.
10. John E. Kusturiss, Jr.: You could face fines, incarceration, probation, loss of license, and other consequences that can have a lasting impact on your life.Ê Aside from these consequences, a criminal conviction can make it difficult to get a job and earn a living.
11. >Michael DeFino: A commonly asked question in D.U.I. cases is, "Why did I get pulled over?" A police officer may have pulled you over because of erratic driving, a traffic violation, observation of faulty equipment (i.e. burned out taillight, etc.) or the police officer has responded to an accident. If the officer has reason to suspect that you were driving while under the influence of alcohol or drugs (due to the odor of alcohol on your breath, slurred speech or other "impaired" behavior) you will be given the standard field sobriety test. If you fail the field sobriety test you could be arrested for D.U.I. If you are arrested for D.U.I., you wll be asked to take a chemical test, involving blood, breath or urine, or a combination of these. If your chemical test reveal a blodd/alcohol concentration of .10 or higher (if you are 21 year or older) or .02 or higher (for those under the age of 21) you are legally intoxicated under Pennsylvania law. (.10 is soon to be lowered to .08.) An accused drinking driver, like any other criminal Defendant, is entitled to a constitutionally protected fair trial, due process, equal protection and effectiveness of counsel.
12. Dave Cherry:
    1. What happens if I refuse DUI chemical testing?
       If a Pennsylvania vehicle operator is stopped for suspicion of DUI and refuses a chemical test, the operator may be surprised to hear that the Commonwealth can still charge them for DUI, will suspend their operator privileges for 1 year and offer the refusal into evidence at the DUI trial. Additionally, if convicted of the underlying DUI, the license suspension will run consecutive to the DUI license suspension.
        

    2. Why should I talk with an attorney if I am arrested?
       It is possible that the police may have violated your rights or committed some error that could result in the charges against you being reduced or even dismissed. Therefore, it is very important that you speak with a quality attorney as soon as possible after your arrest. 

    3. Why should you even hire an attorney if I am arrested?
       Defending yourself in the criminal justice system will be a difficult challenge.  Criminal defense is a complex field of law. The politics and the odds are stacked against you. The penalties for driving under the influence of alcohol and or drugs can be very severe. The penalties may include the following: a jail sentence; a substantial fine; attendance in alcohol abuse classes; suspension, revocation or restriction of your driver's license; and/or other penalties. Further, pleading guilty to a DUI may result in your insurance premiums skyrocketing over the next several years. Some legal commentators call drunk driving the guilty until proven innocent exception to the Constitution. Often the fines are not as financially draining as the rise in insurance costs. 

    4. Can I be convicted of DUI if IÕm not driving the vehicle?
       It is not necessary to be driving a vehicle to be considered "in actual physical control" for purposes of Pennsylvania's DUI Statute. Oftentimes intoxicated persons believe that it is legal and responsible to sleep-off an intoxication while inside a vehicle. Unfortunately, the same persons find themselves arrested for DUI because they were considered "in actual physical control" of the vehicle. These very same persons often are charged with DUI because they are proven to be in actual physical control of the vehicle while intoxicated. 

    5. Can I be DUI even though I did not feel intoxicated when arrested?
       It is not necessary that the accused actually be intoxicated to be convicted of DUI. To the contrary, a person can be convicted DUI if his/her blood alcohol concentration exceeds .08% or if the police officer believes, in his/her opinion that the accused was not capable of safely operating the motor vehicle. 

13. Ferrara Law Offices: Unfortunately, most persons arrested for DUI are unaware of their rights, the available diversionary options, available defenses to the charges, the methods of challenging the toxicology results, the methods of challenging the legality of the traffic stop and/or check point and, consequently, the entire arrest.
14. Charles G. Nistico: You should never assume you are guilty unless you seek the advice of an attorney who is very familiar with the DUI law
15. Bonner & Associates Under the law, you are not required to perform any field test or blow into any device or submit to any test for which there is no administrative penalty. That is to say, that you are not required unless the officer places you under arrest for driving under the influence and then advises you that he wishes to take blood, breath or urine to determine your blood alcohol content, and that in refusing any of the tests would result in suspension of your driving privileges for a period of 1 year.
16. Lawrence Diangelus: We provide complete representation for this criminal charge, which will result in fines, possible imprisonment and a one year suspension of your operating privileges in Pennsylvania. If you are an out-of-state driver convicted in Pennsylvania you will lose your operating privileges in your home state too. Under certain conditions some of these penalties can be avoided. You also need to be aware of your rights if an officer stops your vehicle. Did he have authority to do so? If not, there is a possibility that all of the evidence of intoxication can be excluded from your trial.