Jason S Dunkle’s Answers

Jason S Dunkle

State College Criminal Defense Attorney.

Contributor Level 12
  1. I was arrested two nights ago for dui. They didnt take my license away from me or give me any papers.

    Answered about 2 years ago.

    1. Jason S Dunkle
    2. Ellis B. Klein
    3. John M. Walsh
    4. Jon Martin Pettis
    5. Michael Lawrence Doyle
    5 lawyer answers

    This is normal procedure in PA. The police are probably waiting on the results from the blood test to determine your actual blood alcohol level, and the police would then file charges accordingly. The charges are generally mailed to you, and you are then scheduled to appear for a preliminary hearing. Your driving privileges are valid and will remain valid until something happens with your case. Driving privileges may be suspended in the future if you accept ARD, plead guilty or are...

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  2. How long between dui does it not effect your new charges of dui

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Michael Lawrence Doyle
    3. Robert C. Keller
    4. Jason Kutulakis
    4 lawyer answers

    A prior DUI conviction can always have an effect on your current DUI case. The "look back window" in Pennsylvania for prior offenses is 10 years, but this simply means that prior DUI convictions or ARD dispositions will count as a prior offense and thereby subject you to increased mandatory minimum penalties. While your current offense may be deemed a "first offense", the DUI from 12 years ago can still be considered by the DA in determining how to handle your current case. For example, some...

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  3. I am a college student and a first time offender being charged and am applying for ARD. Should I fill it out myself or a lawyer

    Answered 3 months ago.

    1. Jason S Dunkle
    2. David Seth Zuckerman
    3. Thomas J. Wagner
    4. David Bruce Mueller
    5. Ronald F. Saupe
    6. ···
    7 lawyer answers

    I highly recommend that you retain a lawyer. In this county, misdemeanor drug possession charges like those you have referenced are filed via a summons, and the Police Criminal Complaint is mailed to you along with a Notice of Preliminary Hearing. You normally would not be aware of the Formal Arraignment date until you appeared in court at the preliminary hearing. The DA in Centre County mandates that any applying for ARD must submit an ARD application on or before the date of your...

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  4. I got a DUI in Feb.2012. have not had a drink since. 1.7 BAC.

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Robert C. Keller
    3. Adam D. Zucker
    4. Jim Mitchell Medley
    4 lawyer answers

    I tell many of my clients that there is not a lot of fairness or "justice" that emanates from the criminal "justice" system. Recent case law in PA has held that the DA makes the ARD decision. While you are "eligible" under the law, whether or not you get ARD is still up to the DA, not a judge. The DA's decision can only be overruled by a judge if the decision is made for some improper reason, such as race, ethnicity, or some other typical form of bias. If you are only being denied because...

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  5. So I got my first DUI, I am still waiting on my paper wrk. Not sure of my bal, think i should still get a lawyer?

    Answered almost 2 years ago.

    1. Jason S Dunkle
    2. Zachary Cryder Shaffer
    3. Joseph Alexander Paletta
    4. Ryan Harrison James
    5. Benjamin J Lieberman
    5 lawyer answers

    I always recommend that you get a lawyer. Otherwise, you are going to be taking advise from the officer or the DA, which are the people that are responsible for prosecuting the case. If the officer made a mistake with the case that could lead to the dismissal of the charges, do you really think that either the officer or the DA is going to tell you. An attorney is your advocate, so his/her role is to get the best possible resolution for you. Most criminal defense lawyers offer free...

    6 lawyers agreed with this answer

  6. Effects of misdemeanor convictions on part-time job application

    Answered 6 months ago.

    1. Jason S Dunkle
    2. William A. Jones Jr.
    3. Daniel M. Myshin
    4. Philip M. Masorti
    4 lawyer answers

    In general, I recommend to my clients that they answer questions like that honestly. Most likely, the employer is going to run a background search and find the charges. If you disclose the charges, you at least have a chance that the employer will overlook them and hire you. If you fail to disclose and the employer finds them, then you have no hope of getting the job because you lied or were deceptive. An employer does not want to hire someone that they believe lied. When you do report...

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  7. DUI ,Confused on Implied consent in PA.. Do you have the Right to refuse blood test? Do the officers have to read that to you?

    Answered about 2 years ago.

    1. Jason S Dunkle
    2. Michael Lawrence Doyle
    3. Brian Michael Sullivan
    3 lawyer answers

    Officers are never required to inform a person that they can refuse consent to any type of search, be it a search of your house or a search of your blood for alcohol concentration. Police are only required to provide you with various warnings with regard what happens IF you refuse the blood test, primarily that you are facing the highest range of penalties, that you are facing a one year administrative suspension, and that you do not have the right to consult with an attorney prior to making...

    5 lawyers agreed with this answer

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  8. My wife and i were charged for d.u.i at the same time. I was a passager in the van.

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Forest Dean Morgan
    3. Michael Kotik
    4. John Lawrence Buckley
    4 lawyer answers

    If the trooper has evidence that you were driving, then the trooper would be justified in filing charges against you. Multiple drivers can result in multiple DUI charges. I wonder what evidence the trooper has that you were driving. Not all police cruisers are equipped with cameras, so it is quite possible that a video does not exist in your case. If you do not have an attorney, I recommend getting one. While getting some advice from Avvo is an okay idea, an experienced defense attorney...

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  9. Should I have been given a choice between a breathalyzer test or a blood test at the police station?

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Bradley Joseph Osborne
    3. Forest Dean Morgan
    4. Michael Lawrence Doyle
    4 lawyer answers

    Generally, the police do not give you a choice of tests to take. There is a provision in the Implied Consent Law that allows you to request a second test be conducted by your own physician, but the law also states that the "chemical testing given at the direction of the police officer shall not be delayed by a person's attempt to obtain an additional test." There was an opinion issued by the Superior Court in November of 2011 that discussed your issue in a situation in which the suspect had a...

    5 lawyers agreed with this answer

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  10. I've just had a second DUI under a controlled substance. Can I get a bread and butter license?

    Answered almost 2 years ago.

    1. Jason S Dunkle
    2. Charles Anthony Rick
    3. Michael Kotik
    3 lawyer answers

    You are probably eligible to receive an Occupational Limited License (OLL) that would allow you to drive to/from work and school. However, you are only eligible after serving 12 months of your 18 month suspension. If you obtain an OLL, you are also required to install an ignition interlock during the 6 month OLL term, and you are required to install an interlock device for 12 months following the restoration of your driving privileges. In order to apply for an OLL, you must complete and...

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