Motorists who know they’ve had too much to drink do the right thing when they call a cab to take them home. But if they get into the wrong cab, they could end up talking to a Los Angeles DUI lawyer, not as a client but as a witness.
Television station KSBY, which serves California’s central coast, reported in early March that taxi driver Christel Mona Wikstrom is facing DUI charges after smashing into parked vehicles at the Chumash Casino in Santa Ynez Valley. Wikstrom’s taxi, a white Toyota van, damaged three cars. According to police, the cab driver’s blood alcohol content at the time of the incident measured more than twice the legal limit.
Of course, cab drivers are human, and they make mistakes just like everyone else. A Google search reveals multiple incidents of cab drivers in various states arrested for DUI over the past year. Last July, a Bluegrass Taxi driver in Lexington, Kentucky, William Maddox, started talking to police at a convenience store where he had just bought beer. It didn’t take officers long to realize that the cab driver was too impaired to drive.
Ironically, the police had been searching for an hour for this driver after receiving reports of his erratic driving, but they had not been successful in locating him. They might not have even stopped Maddox if he hadn’t approached them and started a conversation. Maddox’s slurred speech and the smell of alcohol that emanated from him alerted the officers to his condition.
Despite these arrests, calling a cab is always a better alternative than attempting to drive when you’ve had too much to drink. California law treats drivers convicted of DUI harshly, with fines, penalties, suspension of driver’s license and sometimes jail time as well.
Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Law Group is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.
Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.
As someone who recently had the unpleasant experience of getting arrested and handcuffed for charges of driving under the influence in Los Angeles, you vividly recall the feelings of fear, frustration and hopelessness that accompanied your stop/accident and subsequent jailing.
Yet you also know that the situation could have been worst. For instance, hopefully you did not seriously injure or kill someone while DUI. And at the very least, you personally survived the incident – not necessarily a given, particularly if you had been seriously impaired.
Even if police found an open container (or two or three) in your vehicle, you have nothing on 26 year old James M. Woodward, a Massachusetts man stopped last Sunday afternoon on Route 24 in Freetown, MA for “moving vehicle violations.”
Massachusetts State Police say they found not just one or two but 42 (!!) nips of open vodka in Woodward’s truck; they arrested him and hit him with multiple charges, including lane violations, negligently driving a motor vehicle, driving DUI, and, of course, having open containers of alcohol in his vehicle.
Driving DUI under any circumstances can be devastating, even if you didn’t violate multiple laws or engage in dubious or reckless behavior after your stop. Even if this is your first time, you can still face a panoply of charges, such as:
• Driver’s license suspension • Forced alcohol school • Probation • Fines and fees • Legal costs • Spike in your insurance rates • Job loss • Mandatory installation of interlock ignition device (IID) in your car • Enhanced punishments if you hurt someone
Of course, all is not lost. You may be able to get the charges dismissed entirely or plead them to down to lesser charges, such as wet reckless. Call a Los Angeles DUI defense lawyer with the Kraut Law Group right now to set up a time to speak with attorney Michael Kraut about what you can do to defend your interests, protect your rights, and minimize the punishments and other negative repercussions in your life.
Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.
Unless you’ve been living under a rock – or you’ve been so totally overwhelmed by your Los Angeles DUI that you haven’t checked CNN or your Facebook feed in months – you probably are keenly aware of the explosive Ebola outbreak in the West African countries of Sierra Leone, Liberia, and Guinea.
In mid-October, officials with the World Health Organization (WHO) and other prestigious bodies panicked and worried that the epidemic could explode outside of West Africa and create a worldwide pandemic that could lead to the infection of hundreds of thousands if not millions of individuals. Thanks to alert action on part of the U.S. Military, health authorities, and philanthropists, it at least appears that we are finally staunching the Ebola tide. However, the Ebola outbreak – in particular, how it played out in the media – holds powerful lessons for DUI defendants. Here are three.
1. We tend to fear the disturbing and exotic as opposed to the mundane and realistic.
For instance, if you have been arrested for DUI, you might be terrified about going to jail for 2+ days. While staying in jail is not a picnic, you might be overlooking far more profound consequences… such as losing your California driver’s license for a year or longer. Imagine not being able to drive to work, take your kids to school, and even go on simple errand runs.
2. When things go wrong in life, it’s easy to spiral out of control into a panic, but overreacting can make problems worse.
For instance, despite statistical and epidemiological evidence that closing off the U.S. borders to West African countries would not stop the spread of Ebola in the U.S. — and potentially even impede efforts to contain disease, because rescue workers and doctors could not as easily travel back and forth — many people choose not to hear these rational arguments. Likewise, many DUI defendants react in nonstrategic fashion by, for instance, waiting way too long to hire attorneys to represent them and guide them through the process.
3. The right kind of help at the right time can make a huge difference.
If you look at the projections for Ebola before and after the massive international reaction, the data are stark. Our intervention really seems to have made a big difference. Likewise, if you find the right people, such as a qualified Los Angeles DUI defense attorney with the Kraut Law Group, you may be able to powerfully affect your future, win back your freedom, and avert personal catastrophe.
Call the Kraut Law Group today for a free and confidential consultation.
If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.
Miranda rights are back in the news. The New York Times Science Section under "Well" on October 14, 2014 had an eye-opening article on juveniles and police interrogators. Researchers determined that the brains of adolescents are different than adult brains, and teens don't necessarily understand the implications of telling the police what their involvement in a crime may or may not have been.
It's not just juveniles who quickly waive their Miranda rights.
These are very important rights that many of us have heard on TV, in the movies, and perhaps live and in person.
To simplify the decision that gave us our Miranda rights in 1966, the U.S. Supreme Court held that without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and compel him to speak where he would otherwise not do so freely. Therefore, a defendant must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires.
In other words, even our Supreme Court recognizes that the cards are stacked in favor of the police. Someone who's being questioned doesn't know the criminal laws and procedures like the police do, just like the police don't know how to do your job. It's only fair that the police tell you before they question you that the entire purpose of this question-and-answer session is to gather evidence to prosecute you and put you in jail.
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The penalties and fines for possession, distribution, growing, and driving under the influence (DUI) of cannabis span a range from probation to 30 years in prison. When you are charged with any crime relating to cannabis, you should consult an effective trial attorney. If you want to find out on your own what you are faced with, this material should help.
First-Time Offenders The punishments if you are a first-time offender tend to be more lenient than if you are a reoccurring offender. For purposes of leniency, you are a first time offender if you plead guilty or are found guilty of possessing, or possessing with the intent to deliver, 30 or less grams of cannabis. To qualify for leniency you must not have been previously convicted, placed on probation, or placed on court supervision for any offense under the Cannabis Control Act or other law concerning cannabis or other controlled substances.
•If you are a first time offender who is found to knowingly possess less than 30 grams of cannabis the penalty you generally face is "First Offender Probation" for 24 months. (720 ILCS 550/10)
Possession of Cannabis If you knowingly possess cannabis or other substances containing cannabis you may be charged with the possession of cannabis. The penalties for possession of cannabis will vary depending on the amount of cannabis you are charged with possessing. (770 ILCS 550/4)
•If you are found to knowingly possess less than 2.5 grams of cannabis you will generally be charged with a class C misdemeanor (720 ILCS 550/4). The penalty you generally face for a class C misdemeanor is up to 30 days in jail along with fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-65). •If you are found to knowingly possess more than 2.5 grams but less than 10 grams of cannabis you will generally be charged with a class B misdemeanor (720 ILCS 550/4). The penalty you generally face for a class B misdemeanor is up to six months in jail along with fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-60). •If you are found to knowingly possess more than 10 grams but less than 30 grams of cannabis you will generally be charged with a class A misdemeanor (720 ILCS 550/4). The penalty you generally face for a class A misdemeanor is less than one year in jail along with fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). If you have been previously convicted of a cannabis related offense, and are found to possess more than 10 grams but less than 30 grams of cannabis, you will generally be charged with a class 4 felony. The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45). •If you are found to knowingly possess more than 30 grams, but less than 500 grams you will generally be charged with a class 4 felony (720 ILCS 550/4). The penalty you generally face for this offense is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45). If you have been previously convicted of a cannabis related offense, and are found to possess more than 30 grams but less than 500 grams, you may be charged with a class 3 felony (720 ILCS 550/4). The penalty you generally face for a class 3 felony is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40) •If you are found to knowingly possess more than 500 grams but less than 2,000 grams of cannabis you will generally be charged with a class 3 felony (720 ILCS 550/4). The penalty you generally face for this offense is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40). •If you are found to knowingly possess more than 2,000 grams but less than 5,000 grams of cannabis you will generally be charged with a class 2 felony (720 ILCS 550/4). The penalty you generally face for a class 2 felony is three to seven years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-35). •If you are found to knowingly possess 5,000 grams or more of cannabis you will generally be charged with a class 1 felony (720 ILCS 550/4). The penalty you generally face for a class 1 felony is four to fifteen years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-30). * County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Manufacture or Delivery of Cannabis If you are found to manufacture or deliver cannabis, or possess cannabis with the intent to manufacture or deliver you may be charged with the manufacturing or delivery of cannabis. The penalties for this offense will vary depending on the amount of cannabis you are charged with manufacturing or delivering, or possessing with the intent to manufacture or deliver (720 ILCS 550/5).
•If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver less than 2.5 grams of cannabis you may be charged with a class B misdemeanor (720 ILCS 550/5). The penalty you generally face for a class B misdemeanor is up to six months in jail and fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-60). •If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 2.5 grams but less than 10 grams of cannabis you may be charged with a class A misdemeanor (720ILCS 550/5). The penalty you generally face for a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). •If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 10 grams but less than 30 grams of cannabis you may be charged with a class 4 felony (720 ILCS 550/5). The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45). •If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 30 grams but less than 500 grams of cannabis you may be charged with a class 3 felony (720 ILCS 550/5). The penalty you generally face for a class 3 felony is two to five years in prison along with fines which are not to exceed $50,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-40). •If you are found to manufactures or deliver, or possess with the intent to manufacture or deliver more than 500 but less than 2,000 grams of cannabis you may be charged with a class 2 felony (720 ILCS 550/5). The penalty you generally face for a class 2 felony is three to seven years in prison along with fines which are not to exceed $100,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-35). • If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 2,000 grams but less than 5,000 grams of cannabis you may be convicted of a class 1 felony (720 ILCS 550/5). The penalty you generally face for a class 1 felony is four to fifteen years in prison along with fines which are not to exceed $150,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-30). •If you are found to manufacture or deliver, or posses with the intent to manufacture or deliver 5,000 grams or more of cannabis you may be charged with a class X felony (720 ILCS 550/5). The penalty you generally face when charged with a class X felony is six to thirty years in prison along with fines which are not to exceed $200,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-25). * County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession or Production of Cannabis Sativa Plant If you possess or produce the cannabis sativa plant you may be charged with possession or production of cannabis sativa plant. The penalty you generally face for possession or production of the cannabis sativa plant may vary depending on the number of plants you are charged with possessing (720 ILCS 550/8).
•If you are found to possess or produce less than five cannabis sativa plants you may be charged with a class A misdemeanor (720 ILCS 550/8). The penalty you generally face when charged with a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). •If you are found to possess or produce more than five cannabis sativa plants but less than 20 plants you may be charged with a class 4 felony (720 ILCS 550/8). The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45). •If you are found to possess or produce more than 20 but less than 50 cannabis sativa plants you may be charged with a class 3 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 3 felony is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40). •If you are found to possess or produce more than 50 but less than 200 cannabis sativa plants you may be charged with a class 2 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 2 felony is three to seven years in prison along with fines which are not to exceed $100,000 (720 ILCS 550/8) (730 ILCS 5/5-4.5-35). •If you are found to possess or produce more than 200 cannabis sativa plants you may be charged with a class 1 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 1 felony is four to fifteen years on prison along with fines which are not to exceed $100,000 (720 ILCS 550/8) (730 ILCS 5/5-4.5-30). * County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Driving While Under the Influence of Cannabis You may be charged with driving under the influence of intoxicating compounds, drugs, cannabis, or any combination thereof, if it has made you incapable of driving safely. Illinois' DUI statute provides that you shall not drive or be in actual physical control of any vehicle while you are: •under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that makes you incapable of driving safely; •under the influence of any other drug or combination of drugs to a degree that makes you incapable of safely driving; or •under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that makes you incapable of safely driving. (625 ILCS 5/11-501(a)(3), (a)(4), and (a)(5)).
Further, you can be charged with driving under the influence of cannabis if there is any evidence of cannabis in your breath, blood or urine. If that is the charge, impaired driving (unsafe driving) is not required to support the charge. The presence of cannabis in your blood or urine is sufficient even if the person was driving perfectly safely. This is the statute:
•a person shall not drive or be in actual physical control of any vehicle there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis (625 ILCS 5/11-501(a)(6)). •For the definition of unlawful use of cannabis, see Possession of Medical Cannabis in a Motor Vehicle below. Just having a medical card for use, especially from another State, will not necessarily exonerate you from having or using cannabis inside of a vehicle. •The punishments you may face when charged with driving while under the influence of cannabis will depend upon whether or not it is your first time being charged with a driving under the influence offense. •If you are charged with driving under the influence of cannabis for the first time, you may be charged with a class A misdemeanor. The penalty you generally face for a class A misdemeanor is up to one year in prison (730 ILCS 5/5-4.5-55). Also, a first time offender may be charged with fines up to $2,500 and be placed on court supervision for up to two years (625 ILCS 5/11-501). •If you are charged with driving while under the influence of cannabis for a second time the penalties are more severe than the penalties for first time offenders. If you are charged with driving while under the influence of cannabis for a second time you may be charged with a class A misdemeanor. The penalty you generally face for a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). Also, if you are charged with driving under the influence of cannabis for a second time you will generally face the penalty of a mandatory 5 days in jail or 240 hours of community service. Along with these penalties, you may also be penalized with the revocation of your driving privileges (625 ILCS 5/11-501). •If you are charged with driving under the influence of cannabis for a third time the penalties are more severe than the penalties for first and second time offenders. If you are charged with driving while under the influence of cannabis you may be charged with a class 2 felony. The penalty you generally face when charged with a class 2 felony is three to seven years in prison (730 ILCS 5/5-4.5-35). When you are charged with driving under the influence of cannabis for a third time, you might also face the penalties of probation of up to 48 months along with mandatory 10 days in jail or 480 community service hours. You may also be fined up to $25,000 (625 ILCS 5/11-501). * County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than 1 year.
Cannabis Trafficking If you bring 2,500 grams or more of cannabis into the State with the purpose or intent to manufacture or deliver, you may be charged with cannabis trafficking. If you are charged with cannabis trafficking, you cannot also be charged with possession of cannabis. The penalty you might generally face for cannabis trafficking cna vary depending on the amount of cannabis you are charged with trafficking (720 ILCS 550/5.1). •The generally faced penalty if you bring more than 2,500 but less than 5,000 grams of cannabis into the State with the purpose or intent to manufacture or deliver, you will generally face the penalty of eight to thirty years in prison along with fines no less than $150,000 and no more than $300,000 (720 ILCS 550/5.1). •The generally faced penalty if you bring more than 5,000 grams of cannabis into the State with the purpose or intent to manufacture or deliver you will generally face the penalty of 12 to 60 years in prison along with fines no less than $200,000 and no more than $400,000 (720 ILCS 550/5.1). *County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession of Cannabis and Other Contraband in a Penal Institution If you bring cannabis or other contraband into a penal institution, which is a place where persons are confined for punishment, or you possesses cannabis or other contraband in a penal institution you may be charged with possession of cannabis and other contraband in a penal institution (720 ILCS 5/31 A-1.1).
•If you bring cannabis or other contraband into a penal institution or possess cannabis other contraband in a penal institution you may be convicted of a class 3 felony. The penalty you generally face when convicted of a class 3 felony is two to five years prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40) (720 ILCS 5/31 A-1.1). *County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession of Medical Cannabis in a Motor Vehicle If you are in unlawful possession of medical cannabis in a motor vehicle and are a medical cannabis card holder using cannabis within the passenger area of a car; or a medical cannabis card holder, designated care-giver, or dispensing organization agent, with cannabis in the passenger area of a car without it being sealed in a tamper-evident medical container for cannabis, you may be charged with possession of medical cannabis in a motor vehicle. If you are a medical cannabis cardholder in Illinois you may drive with cannabis in your system as long as you are not impaired. Note, however, that simply having a medical cannabis card is not a defense if you are charged with driving under the influence (625 ILCS 5/11-502.1).
•If you are found guilty of possession of medical cannabis in a motor vehicle you will generally be charged with a class A misdemeanor. The penalty you generally face when charged with a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55) (625 ILCS 5/11-502.1). •Other penalties you generally face when charged with possession of medical cannabis in a motor vehicle are the revocation of your medical cannabis card for two years from the end of the imposed sentence and the revocation of your status as a medical care giver, cultivation center agent or dispensing organization agent for two years from the end of the imposed sentence (625 ILCS 5/11-502.1). *County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
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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.
One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” This question is generally posed in a way that clearly suggests that the client believes he or she has their smoking gun to get out of the problem they have recently got themselves into.
There is no question that at the time the question is posed there is a misunderstanding on the part of the client about what “reading their rights” means. In fact in every occasion where I have questioned the client as to what the rights were, they parroted these rights exactly as they heard them on their favorite television police or detective show always starting off with: “you have the right to remain silent . . . . .”
Interestingly enough, it’s the right to remain silent people don’t understand and fail to invoke.
It seems to me that people, knowing they have a right to remain silent, will lie rather than remain silent. Lying and remaining silent are 2 completely different things with 2 completely different effects on a case.
A lie takes away from the client’s credibility as well as proposes to a jury that the fact the client lied could suggest the client had some knowledge of his or her guilt. In fact if it is established through trial that a defendant may have lied then the jury is given a jury instruction that they could consider that to be because the defendant had knowledge of his guilt.
Whereas, remaining silent is just that. In fact a jury can’t ever be informed by any means that a defendant chose to remain silent or invoked his rights under the 5th amendment to the constitution to remain silent. It is required to be a void in the line of information allowed to be given to a jury.
So it is important to not only be able to say the Miranda Rights like they do in the television shows, but, more importantly, to understand those rights, especially the right to remain silent.
First don’t be afraid to invoke the right. Cooperating with the police when you are the target of an investigation does not mean you have to speak to them. Call your attorney first or let the police know you “won’t answer any statements without an attorney present.”
Second, recognize WHEN you need to invoke these rights. For instance, if you are stopped by police and the officer tells you he stopped you for speeding, a question regarding alcohol is a sign to remain silent.
If you are asked to perform ANY type of physical field sobriety test after you are stopped for speeding, then you respectfully refuse to do that. That includes following an officer’s finger!
If you are asked to blow into a hand-held breathalyzer test prior to being place under arrest, then you respectfully refuse that to. It may be a good idea at that time to request to take a blood or breath test IF YOU ARE BEING PLACED UNDER ARREST FOR DUI.
Lastly, be respectful while still staying strong. There is no reason to be rude to a police officer. In fact, it can prove to be a very bad idea. But don’t give in. Remain silent. Refuse those things you are legally allowed to refuse. Invoke your rights. There are more than just parroted words.
In my many years as a Pennsylvania DUI Attorney defending the rights of those accused, I have seen many, many cases of police officers “fudging” or “shading” the truth and even outright lying. This is one of the main reasons why anyone who is accused of a DUI should have an experienced PA DUI lawyer fully examine the facts of their case.
Apparently police officers have no problems with lying in DUI cases.
Take for example a recent scandal in Georgia where a police officer falsified DUI readings:
The forced resignation of a deputy assigned to the DUI task force could affect the prosecution of hundreds of cases, according to those in the legal community.
Erik Norman faced mandatory resignation from the Richmond County Sheriff’s Office on Oct. 19 after a prosecutor reported that Norman told her he had falsified readings from a hand-held alcohol-testing device.
Unfortunately, police corruption happens all over the country and Pennsylvania is no less a victim than any other state. The same problems of lack of transparency and oversight as well as the absence of criminal prosecution for these offenders creates an environment where “a little lie here and there” becomes the rule rather than the exception or that “the ends justify the means.”
If you or a loved one is arrested for a Pennsylvania DUI violation, you should have an expert PA DUI attorney examine the evidence against you to determine whether it is real or a fabrication by the police. For a free consultation please call 1-866-MCSHANE.
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
Yet you also know that the situation could have been worst. For instance, hopefully you did not seriously injure or kill someone while DUI. And at the very least, you personally survived the incident – not necessarily a given, particularly if you had been seriously impaired.
By Jessica Towne
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Apparently police officers have no problems with lying in DUI cases.