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Pittsburgh DWI Lawyers

1. AAAL: Driving Under the Influence (DUI) in Pennsylvania In Pennsylvania, if you are stopped by the police for ANY REASON and determined to be incapable of safely operating your vehicle due to the consumption of alcohol or drugs, YOU WILL be charged with Driving Under the Influence (DUI). Simply because either you or a loved one has been arrested by the Police and charged with Driving Under the Influence (DUI) does NOT mean you are guilty! The attorneys at AAAL will review your case with you to determine your best available options including pursuing possible plea agreements with the Office of District Attorney that can include: Accelerated Rehabilitative Disposition (ARD); Plea Disposition; House Arrest / Electronic Monitoring, Probation and / or Alternative Housing in place of time served at the County Jail; and, Occupational Limited (Bread & Butter) License through application to PENNDOT. Why fight it? One of the main reasons you should challenge a DUI is because of the serious nature of the penalties. A DUI conviction carries with it the possibility of jail time, steep fines and the loss of driving privileges. You cannot afford a DUI conviction because: you can receive jail time or either Alternative Housing or Intermediate Punishment (House Arrest with an ankle bracelet) at your expense; your driverÕs license can be suspended from thirty (30) days to eighteen (18) months; your car insurance rates WILL rise or your coverage may be canceled; the average out-of-pocket cost for a DUI conviction is between $1,500 and $5000; you may be required to have an Interlock Ignition switch installed in your vehicle at your own expense; and, you could lose your job due to any of the above. The Traditional DUI Stop, What to Expect! To execute a traditional DUI traffic stop (other than those made at a DUI checkpoint), a police officer must have a reasonable suspicion that you have committed some violation of the Motor Vehicle Code, usually for a moving violation or because your vehicle is not up to code. From the moment the officer initiates the stop, he or she is observing your actions to determine if you are intoxicated. The officer will be observing and scrutinizing odors coming from the vehicle, your speech, your attitude, clothing, the conduct of passengers as well as other physical evidence to make his initial determination of whether or not to proceed further with his DUI investigation. If ordered out of your vehicle, the officer may employ several field sobriety tests to determine if you are intoxicated. These tests include the walk and turn, the one leg stand and various other counting or alphabet tests. If the officer finds that there is probable cause to believe that you are under the influence, you most likely will be arrested and taken for either a blood or breath test to determine your exact blood alcohol level. In the event your blood alcohol level exceeds 0.08% or if the office simply believes, based on his observations, that you were incapable of safely operating your vehicle, you will charged with a DUI and most likely multiple other criminal and / or vehicular charges. At this point it is imperative that you immediately contact an attorney. The attorneys at AAAL are available 24 hours a day and can be reached at 412.963.8495 or by e-mail at Marc@AlleghenyAttorneys.com. We look forward to resolving your DUI and DUI related charges. Pennsylvania DUI Law (Current as of March, 2010) PennsylvaniaÕs DUI laws, codified in Chapter 38 of the Vehicle Code, prohibit a person from driving, operating or being in actual physical control of the movement of a vehicle (I) after drinking any amount of alcohol (or using drugs) that impairs the personÕs ability to drive; or (II) with a Blood Alcohol Content (BAC) of more than 0.08% within two (2) hours of the alleged conduct. The penalties for a DUI violation are dictated by the nature of alleged impairment and the number of prior DUI offenses of the defendant. For alcohol impairment, Pennsylvania has enacted a three-tiered system, under which your offense can be classified as follows: (I) general impairment [either (a) any BAC if defendant is incapable of safe operation, or (b) a BAC of at least 0.08% but less than 0.10%]; (II) high rate of alcohol [at least 0.10% but less than 0.16%]; (III) highest rate of alcohol [0.16% or higher]. Pennsylvania also has separate charges for driving under the influence of the following: any amount of a designated controlled substance; certain solvents or noxious substances; any drug (even if it is over-the-counter); and a combination of alcohol and drugs. Furthermore, no proof of impairment is needed for certain of these offenses! Prior offenses under Pennsylvania law means a conviction, adjudication of delinquency, juvenile consent decree or acceptance of Accelerated Rehabilitative Disposition before the sentencing on the present violation for an offense under the PA DUI statute or a Òsubstantially similarÓ offense from another jurisdiction. Any of these within the past 10 years can significantly increase the penalties for a current DUI conviction. Finally, under PennsylvaniaÕs Implied Consent law, any person who drives in Pennsylvania is deemed to have impliedly consented to chemical testing of their blood and/or breath for the purpose of determining impairment. As a result, if you refuse to submit to testing, you will be subject to enhanced DUI penalties and an automatic additional 1-year license suspension.
2. Maknoon & Associates: Federal Drug Trafficking and Weapons Charges Money Laundering R.I.C.O. White Collar Crimes Immigration Detention Homicide Firearms Manslaughter Possession and Distribution of Controlled Substances Aggravated Assault Robbery Arson Burglary Internet Crimes DUI Drivers License Restoration
3. Isacke, Robert: Our DUI Legal Services Include: First offense ARD program Second and multiple offenses Underage offenses Breathalyzer refusal Our Criminal Defense Legal Services Include: All criminal offenses Misdemeanors Felonies Juvenile criminal matters
4. McAneney, Andrew: employment law, family law, criminal law, aiding clients with legal issues such as unemployment compensation appeals, divorce, child custody, child support, DUI
5. Marcus, Robert: CRIMINAL LAW ¥ Sex Crimes ¥ Drug Crimes Ñ Drug possession, distribution, and conspiracy ¥ Theft ¥ Assault and Battery ¥ Domestic Violence ¥ Gun Charges ¥ Juvenile Crimes Miranda warnings are not just something that you see on television or in the movies. They are real, and they are vital to the rights and the freedom of the accused. The moment that you need a criminal lawyer is not when charges are filed, but when you are contacted by the police or any other law enforcement agency.
6. Herb, James: charges from DUI and vehicle violations to serious misdemeanor and felony charges in both state and federal court
7. Davis Davis: Logbook Overweight Equipment Failure to stop School bus violations Work zone violations Improper passing Driving without insurance Driver license suspension License reinstatement hearings Work permits or hardship licenses (OLL) Probationary licenses Traffic law First-time offenders DUI / DWI Speeding All traffic violations CDL violations Reckless driving
8. Henry-Taylor, Nicola: Criminal Law, including Summary Offenses and Juvenile Cases; Family Law, including Protection from Abuse (PFA), Custody, Support and Adoptions; Benefits Rights Law, including Social Security and Welfare matters
9. Ogg, Cordes, Murphy & Ignelzi: minor infractions and misdemeanors to the most serious felony indictments, such as, tax evasion, public corruption, RICO, drunk driving, drug possession, narcotics sales, theft and grand larceny, fraud, embezzlement, sex offenses, arson and conspiracy
10. George Heym: Pennsylvania DUI - Court Procedure The following are the major steps in the Pennsylvania Criminal Justice System that you will have to participate in if you are charged with a DUI. Preliminary Hearing This hearing will be held in front of a District Judge and is initiated by a police officer filing a criminal complaint against you. The purpose of this hearing is to determine whether or not the Commonwealth can establish enough evidence for the case to be sent to Common Pleas Court for trial. The burden of proof on the Commonwealth at a preliminary hearing is "Prima Facia" which is a very low burden of proof. However, that does not mean that DUI charges cannot be dismissed, or worked out to lesser charges, at this proceeding. Therefore, it is very important to be represented by an experienced Pittsburgh DUI Lawyer at your preliminary hearing. If all, or some, of the charges are held for court you will next have to attend a . . . Formal Arraignment At this proceeding a Common Pleas Court Judge (or a member of the Court staff) will officially inform you of all of the charges against you. The Judge will read the charges from the Criminal Information. You will also be given a date to return for a . . . Pre-Trial Conference At this conference you, and your attorney if you have one, will meet with the prosecutor assigned to your case and pick a date for your case to proceed to trial. It may also be a good opportunity to receive discovery in the case, confirm which mandatory DUI Jail sentences apply and negotiate potential plea agreements. This is why it is so important to be represented by an experienced DUI Lawyer prior to this time. Next, you will have to return for the . . . Trial Date On this date, you will be expected to proceed to trial. However, there are several things that can actually happen on this date. First, you can actually proceed to trial. You will have the choice of proceeding with either a non-jury or a jury trial. Second, you might negotiate a plea agreement with the prosecutor. Third, the case might be postponed because one of the parties is unable to proceed to trial on that date. Finally, if the Commonwealth is unable, or unwilling, to proceed with the case it will be withdrawn by the prosecutor or dismissed by the Judge. If you are convicted of, or plead guilty to, your DUI charges you will then have to proceed to . . . Sentencing After conviction, or plea, you will have the right to ask the Court for a pre-sentence report which will postpone your sentencing for approximately 90 days or you can waive your right to the pre-sentence report and ask the Judge to impose sentence immediately. At sentencing it is imperative that your Attorney have the training and experience necessary to ensure that the correct mandatory DUI sentence is imposed. Otherwise you could end up being sentenced to far more jail time than you should. You will then have to . . . Serve Your Sentence If you are represented by an experienced DUI Lawyer, mandatory DUI jail sentences may often be served in alternative housing or on house arrest rather than in jail. Definitions Alternative Housing Mandatory DUI Jail sentences may sometimes be served in what are commonly known as halfway houses instead of Jail. Such a sentence may also allow for the individual to attend work and/or school during the day and return to the facility at night. Burden of Proof The level of evidence that must be presented by the Commonwealth. Criminal Information A formal charging document filed with the Clerk of Courts which specifies the particular crimes the accused is charged with and the dates on which they occurred. Discovery This is a copy of all of the evidence that the Commonwealth has against the accused. It may include police reports, Breathalyzer or Laboratory reports, photographs, witness statements, expert reports and any other evidence that has been obtained by the Commonwealth. House Arrest Very similar to alternative housing except that the individual is incarcerated in their home. The individual wears a monitoring anklet which allows their whereabouts to be tracked at all times. This type of sentence may also allow for the individual to attend work and/or school. Jury Trial Twelve citizens of the Commonwealth sit as the "Judges of Fact" and decide whether the individual is Guilty or Not Guilty. During the trial a Common Pleas Court Judge will make all legal rulings and instruct the Jury on the law to apply to the facts. Non-Jury Trial A Common Pleas Court Judge will make factual decisions instead of a jury and return the verdict of Guilty or Not Guilty. Plea Agreement This is an agreement reached by the accused and the Commonwealth. A plea agreement can involve pleading guilty, or no contest, in return for a reduction in the charges and/or an agreed upon sentence. An experienced Pittsburgh DUI Lawyer will be able to get you the best plea agreement under the particular circumstances of your DUI case. Pre-Sentence Report The Department of Probation prepares a report to aid the Court in sentencing. It will summarize the crime, the individual's prior criminal and personal background and a statement from the victim(s). Prima Facia Case The Commonwealth must present evidence that a crime has been committed and that the accused is probably the perpetrator of that crime. Probation During a probationary period the individual is not incarcerated but is supervised by an officer from the Department of Probation.