Pantsless, Belligerent Woman Arrested for DUI in Pennsylvania

Los Angeles DUI stories often tend toward the lurid and, occasionally, the surreal.

However, recent DUI stories from the Southland have been downright pedestrian compared to this recent event out of Pennsylvania. Police arrested a woman named Justine King in Aliquippa, Pennsylvania and charged her with DUI driving, public lewdness, reckless driving, resisting arrest, and disorderly conduct.

When police responded to an accident report, they allegedly found the woman in her car in the middle of an intersection. Reports say that King had just hit another vehicle, and she was sitting in her car with the air bag still deployed. Allegedly, she was naked from the waist down and sitting on an empty liquor bottle. King later denied that she had hit another car, but police said that she would not get out of the vehicle because she wasn’t wearing pants. The police reported seeing her clothing on the floorboards of the car.

King allegedly remained belligerent as officers handcuffed her and drove her to a local hospital for a BAC (blood alcohol content) blood test. Police say the woman refused to cooperate or put on clothes, and they called for a gown to be available at the hospital. The arresting officer said that King kicked out the back window of his vehicle while he retrieved the gown.

While it is a good idea to avoid talking to a police officer more than necessary during a DUI arrest, it is never advisable to refute obvious facts or to refuse to cooperate in this kind of ridiculous manner. In California, you have the right to refuse a field sobriety test, for instance. Doing so, however, may provide probable cause for an arrest. Doing so in a preposterous, disrespectful manner can earn you additional charges and possibly more jail time.

You cannot avoid taking a blood test to determine your BAC level after you have been arrested. Refusing a test before an arrest may lead to the automatic suspension of your driver’s license. However, depending on what happened, you may be able to challenge the legality of the DUI stop or arrest.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Pennsylvania House Passes Bill Increasing Penalties in Certain DUI Cases

The Pennsylvania General Assembly passed a bill in June 2014 that increases the minimum penalties for certain vehicular homicide convictions. The bill provides for an increased minimum prison sentence and permanent license suspension for the offense of “homicide by vehicle while driving under the influence.” It would apply to defendants with previous convictions for any DUI offense, not just felony DUI, or for other serious traffic offenses. The bill’s sponsor cites the danger of repeat offenders, but the bill casts a very wide net, applying to anyone with a prior DUI offense at any level.

Representative Dan Moul (R-Adams/Franklin) introduced House Bill 1733 in October 2013. He nicknamed the bill “Angie’s Law,” after a woman who was reportedly killed in an automobile accident in September 2012. The other driver had an arrest for DUI from the previous year and had reportedly entered a rehabilitation program prior to the accident. He pleaded guilty to homicide by vehicle while DUI, and the court sentenced him to three and a half years in prison.

Rep. Moul argued in support of the bill that it is necessary to increase the penalties for vehicular homicide because of “the enhanced risk a repeat offender poses to the public.” The House passed the bill on June 10, 2014. Before the bill becomes state law, the Pennsylvania Senate must pass corresponding legislation, and the Governor must sign it. It does not appear that anyone has introduced a bill in the state Senate.

The offense of homicide by vehicle while DUI is defined as “unintentionally caus[ing] the death of another person as the result of” a DUI, along with a conviction of DUI. Under current state law, it is a second-degree felony with a minimum prison sentence of three years, regardless of the state’s sentencing guidelines. If more than one person died as a result of the offense, the court must impose additional three-year sentences for each victim, to be served consecutively. A conviction for homicide by vehicle while DUI also results in a mandatory three-year driver’s license suspension.

House Bill 1733 increases the grading of the offense of homicide by vehicle while DUI to a first-degree felony for individuals with prior convictions for DUI, felony convictions for other serious traffic offenses, including homicide by vehicle and aggravated assault by vehicle, and similar offenses from other jurisdictions. This includes any DUI conviction, not just felony DUIs. The offense of DUI – general impairment is generally graded as a misdemeanor and increased to a second-degree misdemeanor for subsequent offenses. Higher rates of alcohol, or the serious injury to or death of a person, may increase the grading of the offense. Under HB 1733, the minimum prison sentence is increased to five years, with additional, consecutive five-year sentences for additional victims. License suspension would be permanent under the bill.

If you have been arrested for DUI in Pennsylvania , it is critical that you consult with a qualified DUI lawyer to determine the best way to handle your defense. The attorneys at Levow & Associates have dedicated 100% of our practice to DUI defense. We are available to help you 24/7. Please contact us online or at (877) 975-3399 for a free and confidential consultation.

More Blog Posts:

New Pennsylvania Law Closes Alleged Loophole that Encouraged Drunk Drivers to Flee the Scene of Certain Accidents, Pennsylvania DUI Lawyers Blog, July 21, 2014

Pennsylvania DUI Defendant Argues on Appeal that Verdict Went against Weight of Evidence, Gets New Trial, Pennsylvania DUI Lawyers Blog, May 13, 2014

Aggravated Assault Charges Allowed to Proceed by Pennsylvania Court in DUI Case, Pennsylvania DUI Lawyers Blog, April 10, 2014

Photo credit: By TwinsMetsFan (Own work) [Public domain], via Wikimedia Commons.

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Sleeping in a Parked Car in Pennsylvania Can Still Lead to a DUI Arrest

The news occasionally reports on people getting arrested for suspected DUI after police find them asleep in their parked vehicle. This raises the question of how one could be suspected of driving under the influence if the car is parked and you are not actually driving it. Pennsylvania’s DUI statute applies to more than just actual driving. A person may be found guilty of DUI if he or she is “in actual physical control of the movement of a vehicle” while under the influence of alcohol or drugs. The definition of “actual physical control” is not very precise, though, and Pennsylvania courts have reached different conclusions under varying circumstances, often depending on the location of the vehicle.

One story reported in Pennsylvania about a year ago involved the arrest of a man found asleep in a parked car in Lowhill Township. He had reportedly been delivering newspapers early on a Sunday morning, when he stopped the car and fell asleep parked by the side of the road. Police claimed that the person had an open can of beer in the vehicle’s center console, as well as more unopened cans in the back seat. Chemical testing allegedly found that his blood alcohol content (BAC) exceeded the legal limit of 0.08 percent.

In the case described above, the arresting officer did not actually witness the person driving his vehicle. This is not a requirement under Pennsylvania law, though. The person was in the driver’s seat, and although he was asleep and the car was parked, he reportedly told the officer that he had been driving the car earlier to deliver newspapers. In cases in which Pennsylvania courts must determine whether people had “actual physical control,” they often look at whether or not the evidence suggests that they had been driving earlier.

The Pennsylvania Superior Court applied this standard in a 1981 case, Com. v. Matsinger, which involved a person found asleep in the driver’s seat of a van parked in a lane of oncoming traffic at about 3:30 a.m. The arresting officer testified that the defendant “reeked of alcohol,” and that the car’s engine was running, the transmission was in gear, and the headlights were on. Even without a direct eyewitness to the defendant driving the van, the court held that it was reasonable for a jury to find that the defendant had been driving the vehicle, and that the defendant’s operation of the vehicle resulted in it getting to the place where the officer found it.

The question of “actual physical control” is less clear in situations where there is no evidence that a defendant actually drove while under the influence. Several cases, such as 1994’s Com. v. Byers and 2009’s Solomon v. Com., have held that evidence of a person found asleep in a vehicle parked outside a bar is not sufficient to prove “actual physical control,” since the person may have been “sleeping it off” before driving. The Pennsylvania Supreme Court does not appear to have addressed the question directly, but it was critical of Byers’ holding in 1996 in Com. v. Wolen.

If you have been arrested or charged with DUI, you need the help of a knowledgeable and experienced DUI attorney to help you understand your rights and plan the best possible defense. At Levow & Associates, we have dedicated our law practice exclusively to DUI defense. We are available to help you 24/7. To schedule a free and confidential consultation to see how we can help you, please contact us online or at (877) 975-3399.

More Blog Posts:

Anatomy of a Pennsylvania DUI Offense: Is Proof of “Impairment” Required in Pennsylvania “Drugged Driving” Cases? Pennsylvania DUI Lawyers Blog, October 1, 2014

Anatomy of a Pennsylvania DUI Offense: What Constitutes “Drugged Driving,” or Driving Under the Influence of a Controlled Substance? Pennsylvania DUI Lawyers Blog, August 26, 2014

How Is this Constitutional? Pennsylvania Police Arrest 13 in One Weekend at Delaware County “Sobriety Checkpoint”, Pennsylvania DUI Lawyers Blog, August 12, 2014

Photo credit: Rembrandt [Public domain], via Wikimedia Commons.

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Everything You Need to Know About the ARD Program for First Offense DUI’s in Delaware County, Pennsylvania

In Media, Delaware County, Pennsylvania the ARD program is offered to certain first time DUI offenders that opt to be accepted into the program. The major benefit of ARD is that you or your attorney will be entitled to file an expungement petition once you complete all of the requirements of the program. This will result in your criminal record being expunged and destroyed if the court so orders. Click on the following link Delaware County ARD program to read my prior blog for more information on the benefits of the ARD program.

Moving forward, this blog will take you through the ARD process in Delaware County, PA from start to finish.
1. Post-Arrest: Preliminary Hearing Paperwork will be Mailed to you by the District Court – after you are arrested and charged with a first offense DUI in Delaware County, Pennsylvania, paperwork will be sent to your house from the District Court that retains jurisdiction over you. After you are arrested, the Magisterial District Court will send you two letters: one certified and one by regular first class mail. Both of the letters are duplicates and contain the same information. Enclosed in your letters will be three items. The first is called a “Police Criminal Complaint.” This document contains the caption of the case, identifies you as the defendant and designates which crimes you are being charged with along with other information. The second item is called the “Affidavit of Probable Cause.” The Affidavit of Probable Cause is a brief recitation of the facts which occurred in your case as written by the police officer. The third item in your letters will be a scheduling notice. The scheduling notice will let you know the time and place of your preliminary hearing. The preliminary hearing will be heard before a Magisterial District Judge. The court may also mail you a fingerprint order, ordering you to report to the police department where you were arrested to be fingerprinted, if you were not fingerprinted on the night of the offense.

Please be patient. If you have been arrested for a DUI, these items may take a few weeks to get out to you. I have even seen it take months for clients to get their paperwork. However, if you have been arrested for a DUI in Delaware County, Pennsylvania, rest assured, you will receive these items in the mail. After you have been arrested I recommend that you hire an attorney at your earliest convenience to avoid any complications with the case. Jason R. Antoine, Esquire, Pennsylvania ARD DUI lawyer can be reached for free DUI advice at (610) 299-0295.

2. HIRE AN ATTORNEY – in Delaware County you will not be considered for the ARD program unless you retain an attorney. Even if you have not received your paperwork in the mail from the district court, it is not too early to hire an attorney. You should hire an attorney before you take any action on your case, especially talking to police or friends about your DUI. Your attorney should make the initial determination as to whether you are eligible for the ARD program. Although, most first offense DUI’s are eligible for the ARD program some factors may deem your case ineligible such as a prior criminal record, driving on a suspended license, no insurance, no registration or an accident with injuries to the victim. This list is not exhaustive; call my office (610) 299-0295 to determine if you should apply to the program.

If you cannot afford an attorney, contact the Delaware County Office of the Public Defender at (610) 891-4100. For a private attorney, you may call my office for a free consultation at (610) 299-0295. Having an eligible client placed on ARD is one of the least difficult things a trained criminal attorney can do. Therefore, legal fees for ARD are typically affordable for most clients. My office offers free consultations and free advice regarding first offense DUI cases and will try to make the process as fast and painless as possible. Call my office now to schedule a free consultation.

3. Preliminary Hearing – at the preliminary hearing your attorney will “waive” the hearing if you plan on going into the ARD program. Waiving the hearing means that your attorney will NOT cross-examine the police office and you will NOT contest the Commonwealth’s evidence for purposes of the preliminary hearing. It is the Commonwealth’s burden to establish prima facia evidence that the crime(s) as charged were committed. Prima facia simply means that there must be some evidence on each element of the crime. Waiving the hearing is easy. In Delaware County, your attorney will simply take you before the judge and the attorney or judge will ask you a series of questions such as: Do you understand that you have the right to a hearing?” “Do you understand that you have the right to an attorney?” “Do you understand that you have the right to cross-examine witnesses?” “Do you understand that you it is the Commonwealth’s burden to make out a prima facia case for each element of the crime?” Thereafter, the judge will have you sign paperwork stating that you know these rights and agree to give up your right to a hearing. The judge will then give you a piece of paper assigning you an arraignment date which is your next court date in the court of common pleas.

4. Complete Requirements for a Reduction in Community Service Hours – if you complete your CRN evaluation, Alcohol Safe Driving Course and community service hours within 60 days after the completion of the preliminary hearing you can receive a reduction in community service hours. Please see my Delaware County DUI lawyer website for more information on the possible reduction in community service hours.

5. Waiver of Arraignment/ARD Application/Rule 600 Paperwork – at this stage in the process your attorney will have to submit your Waiver of Arraignment form, ARD application and Rule 600 form to the Office of the Court Administrator in the Delaware County Courthouse, Media, Pennsylvania. Delaware County requires that all forms be typed on a typewriter. Some of the forms are carbon copies. These forms must be submitted 14 days prior to arraignment.
a.Entry of Appearance and Waiver of Arraignment Form- this form enters your attorney’s appearance on your behalf and serves as a waiver your formal arraignment so that an appearance by you or your attorney is not required.
b.ARD Application – this application asks a series of questions regarding identity, biographical information and prior criminal history so that the District Attorney’s Office may determine your eligibility for the ARD program. The ARD application must be signed by you and your attorney and notarized.
c.Rule 600 Waiver – Rule 600 of the Pennsylvania Rules of Criminal Procedure states that you must be brought to trial within 365 days from the date on which the criminal complaint is filed excluding certain delays caused by the defense. By signing this form you agree to waive (or give up) your right to a speedy trial for placement on the ARD program. In order to be accepted into ARD you must waive Rule 600. This means that from the time when you sign this form up until your pre-trial conference, this time does not count against the prosecution because they are considering your application for ARD.

If these forms are filled out appropriately by your attorney and submitted in a timely fashion, your attorney will receive notification from the Office of the Court Administrator that the Waiver of Arraignment was accepted and you will be given a delayed pre-trial conference date of approximately six (6) months after your scheduled arraignment date. If you go into ARD, you will NOT have to show up to the pre-trial conference because you will be placed into the ARD program prior to the pre-trial conference at a special hearing before the president judge of the county. However, be sure to put this delayed pre-trial conference date in your calendar because if you are denied ARD, you will have to appear for this pre-trial conference date.

6. Notification of Your or Acceptance or Denial into the ARD Program – you and your attorney will receive a letter from the Delaware County District Attorney’s Office indicating whether you are accepted into the program. If you are accepted into ARD, another letter will follow notifying you and your attorney of your ARD hearing date and time.

7. ARD Hearing – ARD hearings are held in Courtroom #1 of the Media, Delaware County Courthouse before President Judge Joseph P. Cronin, Jr. You should bring your Pennsylvania Driver’s License with you so that it can be surrendered to the court to start your license suspension. If you are NOT a Pennsylvania driver, your attorney should have you fill out and bring a Penndot form DL-16 Acknowledgement of Suspension form to be submitted to the court to begin your suspension. Your license suspension will begin on the day of the hearing, therefore, you should have someone drive you the day of the ARD hearing. You also must be prepared to pay the costs of the ARD program on the day of the hearing. ARD program costs for a first offense DUI are $1,336.50 and a supervisory fee of $45.00 per month. This fee MUST be paid by CASH, CHECK MONEY ORDER, VISA, or DEBIT CARD on the day of the scheduled ARD hearing. If you cannot afford the full amount of the ARD program costs and prior arrangements are made by your attorney, you may be able to pay a portion of the ARD program costs on the day of the hearing. Also, you may pay the $45.00 supervisory fee up front.

What to Expect at the Hearing – first your attorney should go to the front of the courtroom and obtain your ARD order. This is the order that will be signed by the judge placing you on ARD. It will give specific terms of the program pertaining to you, i.e – number of community service hours, number of months probation, restitution, etc. Your attorney should review this order for any mistakes. Your attorney should also have you fill out a community corrections intake form for you to take with you to adult probation.

When President Judge Cronin takes the bench, you will raise your right hand and be “sworn in” or sworn to tell the truth by the Court. From there, the judge will admit ARD applicants in groups of 12. You will go in front of the court with 11 other applicants and the judge will colloquy you and the other applicants to ensure that you understand the program. From there, the judge will take each case individually. Your attorney will introduce himself/herself to the Court and hand over your license and ARD order to the Court. The judge will then read you the specific terms of the program pertaining to you and ask if you wish to be accepted into the program. After this, you will wait out in the hallway and a court representative will take you down to probation where you will register and pay your ARD fees to court financial.

8. ARD Supervision – the following are the typical requirements to complete the ARD program in Delaware County. Please note that other terms or conditions may be ordered by the court and must be complied with.
a. CRN Evaluation – You may schedule your CRN evaluation by calling (610) 891-4571. The CRN evaluation performed by Diagnostic Services which is located in the basement of the Delaware County Courthouse at 201 West Front Street, Media, PA 19063. This interview will take approximately a half hour and questions will be asked regarding your social, work and substance and/or alcohol abuse history. You do not need to be accompanied by an attorney at this interview.
b. Alcohol Safe Driving School – you may schedule your Alcohol Safe Driving class by calling (610) 237-8630. More information about the date/time/location/cost of the courses can be found on the Delaware County Emergency Service Training Center website.
c. Community Service – to schedule your community service contact Walter R. Omlar, Jr. at (610) 891-4461. Your community service can be performed in two locations: Media or Sharon, Hill. However, on the day of your community service a van may pick you up and take you anywhere in the county to perform your work hours. If you miss your scheduled date, there will be an automatic 8 hour penalty. Delaware County will NOT allow you to transfer your community service to neighboring counties. Mr. Omlar reserves the right to hold your community service to another date if you have any special skills such as painting or welding.
d. Monitor Connect – once placed on ARD probation, you will not have to report to a probation officer in person. You will have to logon to the monitor connect system once a month. Logon to www.monitorconnect.com for more information on the system. You will have to pay $7.00 per month to use this system.

9. Denial - what if you are denied to the program? If the event you are denied, you will have to appear for your delayed pre-trial conference and the case will proceed in the Court of Common Pleas. However, your attorney should write a letter to the trial attorney handling your case asking for reconsideration of your placement into the program.

Jason R. Antoine, Esquire is a former Assistant District Attorney and a former DUI prosecutor. Contact his office at (610) 299-0295 for questions about the Delaware County ARD DUI program.

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Field Sobriety and Breath Test Results Challenged in Appeal by Pennsylvania DUI Defendant

An appeal in the Pennsylvania Superior Court claimed that a field sobriety test conducted on a snow-covered road, along with breath testing conducted without the 20-minute observation period required by Pennsylvania law, were insufficient to support a conviction for driving under the influence (DUI). The defendant/appellant in Commonwealth v. Favinger challenged the sufficiency of the evidence against him and the legality of the traffic stop that led to his arrest. The Superior Court ultimately affirmed the verdict and sentence, but its opinion offers a useful overview of the different ways that prosecutors may establish that a defendant was impaired by alcohol in a DUI case.

A state trooper pulled the defendant over at about 3:20 a.m. on January 29, 2011. The trooper testified that the defendant continued to travel about half a mile after the trooper activated his emergency lights, finally stopping in a driveway. He claimed that he detected the odor of alcohol, and that the defendant’s eyes were “bloodshot and glassy.” The defendant agreed to field sobriety testing, which the trooper claimed he failed. Breath testing conducted after the defendant’s arrest showed blood alcohol content (BAC) of 0.128 percent. The defendant was later convicted of DUI–general impairment and DUI–high rate of alcohol.

The defendant raised six issues on appeal relating to three broad issues: (1) whether the breath test evidence was sufficient to support the conviction, (2) whether the field sobriety testing evidence was sufficient, and (3) whether the traffic stop was valid and supported by probable cause. In its opinion, the Superior Court cited a 2013 case, Commonwealth v. Teems, which identified the standards for proving guilt under the Pennsylvania DUI statute. Teems specifically states that BAC evidence is not required. The state may present evidence of the defendant’s behavior, including general demeanor and appearance, behavior towards law enforcement officers, and performance on field sobriety testing, in order to prove that a defendant is “incapable of safely driving” a motor vehicle.

On the issue of breath testing, the defendant claimed that the officer administering the test did not observe him for “at least 20 consecutive minutes,” as required by state regulations, prior to the test. The court noted evidence showing that the arresting officer also administered the breath test, and that he began the 20-minute observation period at about 3:50 a.m. He administered a breath test at 4:11 a.m. that did not produce an adequate breath sample. Two additional tests, performed about five minutes later, showed BAC of 0.128 and 0.131 percent.

The court also rejected the defendant’s argument that the presence of snow on the roadway during the field sobriety test, which caused the defendant to slip and fall, made the test results unreliable. The arresting officer’s testimony, and the jury’s conclusions based on that evidence, were adequate to support the guilty verdict. The court reached the same conclusion regarding the trooper’s testimony regarding probable cause to initiate a traffic stop, which claimed that the defendant’s vehicle veered out of its lane of traffic in violation of state law.

If you have been arrested or charged with DUI, you should consult with a knowledgeable and experienced DUI attorney, who can advise you of your rights and help you plan the best possible defense. We have dedicated 100% of our law practice at Levow & Associates to DUI defense. Please contact us today online or at (877) 975-3399 to schedule a free and confidential consultation to see how we can help you.

More Blog Posts:

Pennsylvania DUI Defendant Argues on Appeal that Verdict Went against Weight of Evidence, Gets New Trial, Pennsylvania DUI Lawyers Blog, May 13, 2014

Court Sides with Police Testimony over Video Evidence in DUI Case, Pennsylvania DUI Lawyers Blog, May 1, 2014

Pennsylvania Superior Court Affirms DUI Conviction, Demonstrating the Importance of Preserving Error at Trial, Pennsylvania DUI Lawyers Blog, March 20, 2014

Photo credit: By Niagara (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons.

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Pennsylvania Man Pleads Guilty After Killing Two Friends in DUI Crash

By guest-writer

A resident of Horsham, Pennsylvania was sentenced to eight years in prison this week after pleading felony DUI charges stemming from an accident in which he killed two of his childhood friends, according to a sobering report from the Philadelphia Daily News.

30-year-old Connor McNicholas had previously reached a plea deal with the prosecution that included his admission to committing several crimes, including homicide by vehicle, driving under the influence, and recklessly endangering another person.

The accident offered in August 2011, when McNicholas was reportedly driving his Honda Civic more than 100 miles per hour when it veered off the highway and crashed.

At the time, there were four passengers in the vehicle. Of those four passengers, two, Robert Walker Nagel and Edward Taylor Coombs, both only 19, were killed. McNicholas and other two passengers in the car were treated at a nearby hospital, but only sustained minor injuries.

When he was arrested, McNicholas blew a .117, which is well above the legal blood alcohol limit of .08. While his BAC reading is not as high as the level of many other DUI arrestees, it is still at a level where drivers are severely impaired.

Sources say that McNicholas was sentenced to a maximum of eight years in prison, but the judge left open the possibility that he could be released after four years, although only time will tell whether he is able to serve the shorter sentence.

As might be predicted, the sentencing hearing was very emotional, especially given the fact that the victims’ families were present.

And the victims’ families did not mince words when discussing the accident. Eric Coombs, the father of one of the teenage boys who died in the accident, told McNicholas that he held him “personally responsible for the death of my son” and said the drunk driver “took the heartbeat out of my life.”

In an equally emotional response, McNicholas told the court at the end of the hearing that “[i]t breaks my heart to know that they don’t have sons anymore and I’m responsible for that.”

The sentencing hearing closes one chapter in a nightmare story for McNicholas, who had just finished his sophomore year at Temple University before the accident occurred.

During his sophomore year, McNicholas had won all-conference accolades for his play on the school’s golf team, and he was named the Most Outstanding Rookie Performer during the Atlantic Ten Conference Championship tournament. Sadly, it will be a long time before he is able to golf again.

View the original article here

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New Changes to Pennsylvania DUI Law

A new law has passed the in the Pennsylvania State Senate which has increase

Pennsylvania passes new DUI laws

d the penalties for a  DUI conviction.  These new penalties apply to those DUI cases where a passenger is a minor (under the age of 18). These penalties are in addition to any existing penalties (see Pennsylvania DUI laws and penalties for more details) . We have summarized the new changes below:

1st Offense:
minimum fine of $1,000 (up from $300)
mandatory 100 hours of community service2nd offense:
Prison Time: 30-60 days imprisonment (minimum increased from 5 days to 30)
minimum fine $2500 (up from $500)3rd Offense:
Prison Time: 6 months- 2 years imprisonment (minimum increased from 10 days to 6 months)

Additionally, all DUI charges with a minor are graded as 1st degree misdemeanors.

If you are charged with a DUI in Pennsylvania please call 1-866-MCSHANE to understand the charges against you and how you can protect your rights.

View the original article here

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External Quality Assurance Auditor for Pennsylvania Forensics Labs

If the forensic labs are not doing their jobs properly, we will show that in court.

Forensics, in the form of both blood and breath testing, is a big part of a DUI case.  This is why I have dedicated myself to the study of forensic science so I can offer the best defense for my clients.  You have to know the science to hold the scientists accountable.

In my studies of analytical chemistry (the science behind the DUI tests), I have found that crime labs are not following the scientific procedures they are supposed to be following, their methods lack validity, and the efforts are not traceable  This can and does produce erroneous and unreliable results. I hold them responsible.

As most DUI defense attorneys do not know about these issues in detail, they are not able to cross-examine lab technicians and thus these technicians become lax and overconfident.  They know nobody is watching them…except for The McShane Firm.

As a leading expert in Gas Chromatography (the test used to determine blood alcohol levels) I challenge the State and their pseudo-science to hold them accountable.  The tests are only valid and reliable if the proper validated procedures are followed. I make sure that if they haven’t been followed, they are challenged in court.  Many times, this has lead to blood test evidence being ruled as not admissible or carry no weight, thus winning the case for my clients.

Every case, every judge, every jury is different. So just as in life there are no guarantees about the outcome of your case, what I can guarantee you is that we will offer you a rigorous defense and challenge the evidence all with one singular goal: to protect your rights.

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Pennsylvania DUI Law Review: Repeat Offenses

Repeat offenders must serve mandatory jail time in Pennsylvania.

Under Pennsylvania’s DUI code, repeat offenders are subject to extremely harsh punishments.  Some of the penalties for a repeat conviction may include:

Mandatory Jail time up to 5 yearsFines up to $10,000License suspension up to 18 months (served after the prison sentence)Mandatory ignition interlock

As you can see, these are crippling penalties which can change your entire life. Prosecutors face additional political pressure by MADD and other DUI lobbies to push for the heaviest penalties for repeat DUI offenders so you won’t get off easy.

In Pennsylvania, the license suspension is served consecutively meaning you could possibly serve a 5 year prison sentence then an 18 month license suspension in some extreme consequences. Then in that scenario, you would have to use an interlock device for a year.  In total you could be serving a de facto loss of license of 7.5 years after the conviction.  Additionally, the conviction and your time in prison will show up on your criminal history forever!

This is why it is important for any repeat offender to seek legal help immediately.  Find the best DUI Lawyer you can and protect your rights.

View the original article here

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Pennsylvania Police Officer Admits to Lying in DUI Cases

We all want to trust the police and see them as upright protectors of justice. While many police officers are very professional and take their responsibility very seriously, there are others who are corrupt and use unscrupulous tactics that harm the common citizen.

Bad cops exist everywhere and there is no shortage of them in Pennsylvania. Some of them will even go as far as to lie under oath:

Pennsylvania Police Officer Admits to Lying Under Oath in DUI Case

HERMITAGE — As a citizen, Raymond Bogaty wants to believe the police.

“We all want to believe the police,” he said.

But, as Mercer County Public Defender, Bogaty has occasionally suspected that a story told by a policeman has not been the whole truth.

“I’ve been doing this for 37 years,” he said. “You always have concerns about truthfulness. You, at times, suspect the truth is not being told.”

Still, it’s rare to catch a policeman in a lie, or to get an admission that someone has lied, he said.

That unusual event occurred Tuesday when Mercer County District Attorney Robert G. Kochems and Hermitage Police Chief Patrick B. McElhinny released statements saying that Hermitage patrolman Dennis Best had admitted lying under oath in a 2008 case.

Criminal justice is intrinsically a human endeavor and due to the lack of transparency and oversight when it comes to the police, the situation is ripe for honest mistakes, purposeful and conscious misleading actions (lies) and even corruption.  This can lead to false conviction if we do not successfully expose the lies and mistakes in the police officer’s account.  This is why it is important to have an attorney who had trial experience in DUI cases and who has the guts to cross-examine the police.

If you feel the police have violated your rights call The McShane Firm to protect your freedom and liberty. Call 1-866-MCSHANE.

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Pennsylvania DUI Checkpoints: Are They Really Worth It?

While most of us will be enjoying the next few weeks as part of the holiday season, police all across Pennsylvania are gearing up for the DUI Checkpoint season.  As a part of their DUI enforcement efforts, PENNDOT, Pennsylvania State Police and local police from all across the Commonwealth will be setting up more and more DUI checkpoints along Pennsylvania’s busy roadways.

But as taxpayers, aren’t we entitled to ask, “Are DUI Checkpoints worth the money?”

Police in Pennsylvania are gearing up for more DUI checkpoints over the holidays.

According to a recent article, ” Statistics don’t justify sobriety checkpoints“:

Consider that over 1 million vehicles went through 1,469 California sobriety checkpoints in 2008. Police arrested just one-third of 1 percent of those motorists for drunken driving. A similar analysis found that in 2007, less than 1 percent of the more than 181,000 drivers stopped at Pennsylvania checkpoints were arrested.

This is pretty consistent with the police reports in the local papers. The DUI arrests normally represent only 1% or less of the vehicles stopped. That’s 99 drivers being stopped, searched and being treated like a criminal for one POSSIBLE drunk person.

Not only are DUI checkpoints a bad idea statistically, but the economic costs are much higher than the alternatives. Once again the author of this article asks:

These exercises in futility are extremely expensive. Checkpoints can cost more than $10,000 each time they’re set up compared to $300 for each roving patrol. Considering how tight state and local budgets are in this dismal economy, is it really a wise investment?

The sad fact is, politicians don’t make laws based on statistics or the economic impact. They make DUI laws based on what lobbyists tell them to do.  MADD and other powerful DUI lobbies are hard at work pushing their agendas and politicians fall in tow and dare not question the simulated reality.

This is why we need to wake up to these facts and continue to ask for a better way.

View the original article here

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