Jason S Dunkle’s Answers

Jason S Dunkle

State College Criminal Defense Attorney.

Contributor Level 12
  1. Second dui

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Robert C. Keller
    3. Joseph John Nash
    4. Anthony Michael Solis
    5. Mark Copoulos
    5 lawyer answers

    No. The fact that you did not participate in ARD in the past is not the primary factor. ARD is simply not available if you have a DUI conviction in Pennsylvania within the past 10 years. You are prohibited by law from being considered to participate in the ARD program. Jason S. Dunkle, Esquire JD Law, P.C. State College, PA 16801 (814) 954-7622

    13 lawyers agreed with this answer

  2. Dui in philly..

    Answered about 3 years ago.

    1. Michael Lawrence Doyle
    2. Jason S Dunkle
    3. Ellis B. Klein
    4. David Wesley Cornish
    5. L. Kenneth Chotiner
    5 lawyer answers

    As an attorney has already reviewed the facts of the case and read through the paperwork, it is better to direct your questions to him/her as they are in the best position to answer your questions. You are giving us the facts from your perspective, but an attorney also wants to know what the officers are saying transpired. I recommend that you direct your questions to your public defender as he has the most information about your case. Jason S. Dunkle, Esquire D & H Law Group, P.C. State...

    12 lawyers agreed with this answer

  3. Will they run my bf's 2nd offense dui and then another 2nd offense dui 4 months later concurrent?

    Answered over 1 year ago.

    1. William A. Jones Jr.
    2. Jeffrey Andrew Rowe
    3. Jason S Dunkle
    4. Shawn Michael Curry
    5. Lidia L. Alperovich
    6. ···
    7 lawyer answers

    The most likely answer is no. No one can tell you what a judge will do, but an experienced lawyer can give you advice based upon the tendencies of the prosecutors and judges involved. A person that has a 2nd offense pending and picks up a second 2nd offense is highly unlikely to get consecutive sentences. To the contrary, I have fears that the DA will revoke bail on the first case because of the new charge. A condition of bail on the first case was to "refrain from criminal activity," so,...

    11 lawyers agreed with this answer

  4. I need to know if a recent DUI arrest will count as a first offense and if I will be eligible for the ARD program

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Joseph Alexander Paletta
    3. Ellis B. Klein
    3 lawyer answers

    Prior DUI convictions offenses can be considered by the prosecution in determining how to resolve your current DUI charge. The current DUI law imposes mandatory minimum sentences, and the number of prior offenses that occurred within the prior 10 years is a critical factor in determining what mandatory minimums are applicable. As your DUI charge was resolved more than 10 years ago, it would NOT be considered a "prior offense" for mandatory minimum purposes. This means that your current...

    10 lawyers agreed with this answer

  5. Can a judge legally convict a minor (20yr) for consumption of alcohol if the only evidence is from the smell of breath of minor?

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Robert C. Keller
    3. Steven Fisher Fairlie
    3 lawyer answers

    There is a PA Supreme Court case that held that you cannot be convicted on the odor of alcohol on breath alone, so, based upon your submission, you should win. However, it is extremely rare that the officer shows up and limits testimony to the odor. Officers routinely testify as to other intoxication indicators, such as blood shot eyes, slurred speech, and difficulty standing. Those additional "intoxication indicators" act as circumstantial evidence that you had been drinking and would be...

    Selected as best answer

  6. I completed the ARD program for a DUI in 2009. will this show up in a fingerprint check for obtaining a job.

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Michael Lawrence Doyle
    3. Charles Anthony Rick
    4. Mark Copoulos
    4 lawyer answers

    I presume that you are referring to a background check as opposed to a fingerprint check as I have never heard of an employer searching via fingerprints. If they did search via fingerprints, fingerprints are retained by the PA State Police Central Repository, and the Repository should have been included in the expungement order that would have been submitted years ago in your case. If your expungement has been completed and completed completely, the government records of your case should have...

    Selected as best answer

  7. Can i get an underage switched to a disorderly ?

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Lidia L. Alperovich
    3. Thomas J. Wagner
    3 lawyer answers

    It all depends. If it was a Penn State officer, the officer is not permitted to change the charge to anything else. State College, Ferguson Township, and Patton Township officers have that authority. The next issue is which judge. Some State College judges are willing to accept agreements IF you get the officer to approve. A new judge will be taking over on Pugh Street in January, and no one really knows what that judge will permit. You also might want to reconsider changing the...

    8 lawyers agreed with this answer

  8. What is the best course of action I could take to either have dismissed, or reduce the penalties of public intoxication charges?

    Answered about 2 years ago.

    1. William A. Jones Jr.
    2. Jason S Dunkle
    3. Robert C. Keller
    4. Lidia L. Alperovich
    5. William Ray Pelger
    5 lawyer answers

    As a first time offender, the officer may be willing to negotiate a resolution that would result in the dismissal of both charges. For example, on the Public Drunkenness (PD) charge, the officer may agree to have the judge dismiss the charge if you complete community service and pay the court costs. If you are able to have the PD charge dismissed, then you become eligible to participate in the first time offender program for Underage Drinking, which is called the Youthful Offender Program....

    8 lawyers agreed with this answer

  9. Can I voluntarily remove myself from ard and pay the initial misdemeanor fine?

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. William A. Jones Jr.
    3. Thomas J. Wagner
    3 lawyer answers

    In many counties, the cost of a conviction are very similar to ARD costs. Many people mistakenly believe that a conviction only results in the payment of a fine, which is much less than the total ARD costs and fees. What you may not realize is that many of the ARD costs and fees would also be added to your case if you plead guilty. For example, you must pay for the Alcohol Highway Safety School, costs of the blood test, probation supervision fees, and other mandatory DUI-related costs and...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What should I plead to second underage if they never breathalyzed me?

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Ellis B. Klein
    3. Michael Curtis Greenberg
    4. Joseph Donald Hada
    5. Michael Lawrence Doyle
    5 lawyer answers

    I would recommend pleading not guilty and contacting an attorney in Washington, such as Attorney David DiCarlo. Police do NOT have to breathalyze you to have sufficient evidence to prove you guilty beyond a reasonable doubt. You can review more information about that issue by clicking a link below. Arguments can be made to try and obtain a favorable verdict for you, but you need to discuss the facts of your case with attorney so he can access those which arguments would work. For example,...

    Selected as best answer