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Jason S Dunkle

Jason Dunkle’s Answers

168 total


  • Will I be cited for public drunkenness if I was transported by ambulance to the hospital?

    I was walking home from the bar (I'm 21) with a friend and about a block from my apartment I fell because there were 5 inches of snow on the ground and I was wearing heels. A cop witnessed this and insisted I stop and called an ambulance and said...

    Jason’s Answer

    There is a very good chance that you will be charged. The police often summon an ambulance and mandate that a person goes to the hospital for liability purposes, primarily the officer doesn't want to get sued for not ensuring someone's safety, either from the fall or from a possible over-intoxication. The officer may call you to advise as to whether or not a citation is going to be filed. I do not generally recommend that you talk to the officer because they will often question you about where and when you were drinking. If you are charged, anything that you told the officer is admissible at a summary trial against you. If you have not been in trouble in the past and you were semi-cooperative with the officer during the initial encounter, we can often reach an agreement with the judge and officer to allow you to perform community service and pay court costs in exchange for a dismissal of the charge. After the charge is dismissed, you can then have it expunged from the record. I have a case later this week in which my client was charged with Public Drunkenness by a State College officer, and he has agreed to such an arrangement. I simply need to appear with my client before the judge to formally accept the agreement.

    Jason S. Dunkle
    PSU Alum & State College Criminal Defense Attorney
    (814) 954-7622 or email jd@mystatecollegelawyer.com

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

    I was accepted into ard program but I cannot afford the program fees. Can I remove myself from the program and plead guilty and just pay the fine

    Jason’s Answer

    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 fees as part of ARD or as part of your sentence if you are convicted. Do not think that you would only be required to pay the minimum fine and thereby save a lot of money.

    Jason S. Dunkle
    JD Law, P.C.
    State College, PA 16801

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  • We just got offer to apply for ARD program for son who got caught with marijuana in college. What does program involve?

    Do I need a lawyer to apply for the program>

    Jason’s Answer

    There is a difference between what you "need" and what you should do. I do not "need" a mechanic to fix the knocking sound coming from my car engine, and I do not "need" a contracting to build a house, but if I want to make sure that it is done and done right, then I would hire a professional. An ARD disposition is not overly difficult for an experienced attorney, just as changing brakes on my vehicle is not overly difficult for an experienced mechanic. People routinely ask me what I would do if it were my children. If the case were outside out the 3-4 counties in which I practice, I would hire an attorney with experience in the county in which my little one got into trouble. I would would want to know that everything was taken care of properly to ensure that my child appeared in court when necessary, was aware of all ARD components, my questions were answered, and, probably most importantly, the attorney took care of the expungement process upon completion of ARD. A possible criminal record is something that is too important to just try to wing it on one's own.

    Jason S. Dunkle
    JD Law, P.C.
    State College, PA

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  • Will a public intoxication charge in Pennsylvania show up on a background check when i just paid a fine after pleading guilty?

    I was charged with Public drunkenness and similar misconduct. It said i was drunk to the point that i can be a danger to myself and to others around me. They did not arrest me. I got a fine of 247 $ which i paid with pleading guilty as i wanted to...

    Jason’s Answer

    Pennsylvania summary non-traffic offenses like Underage Drinking and Public Drunkenness can show up on a criminal background search. It simply depends upon how deep of a background search is run. Records are the case are readily accessible on a free database maintained by the Administrative Office of Pennsylvania Courts (AOPC), and many private background search companies access or purchase access to the AOPC. I would recommend that you be prepared to discuss the case with prospective employers at interviews in case it does come up. I was previously contacted by someone that had pleaded guilty to the same charge and was not accepted into an accelerated nursing program because of the conviction.

    Jason S. Dunkle, Esquire

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  • My brother was arrested for DUI but taken straight to hospital for BAC and sent home after. Never booked or read rights. Help???

    He was never read Rights Never given information or booked or taken to police station. Cited or anything

    Jason’s Answer

    I address the questions that you have posed and a few other common DUI questions in great detail on my website. I recommend that you check them out by clicking on the link below. Then you should contact Philadelphia DUI lawyer to discuss precisely how cases are handled in that area.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

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  • Second dui

    I had a dui 7 years ago and i wasnt able to get ARD cuz i was at the legal limit so i got the min on everything. I just got my 2 dui in aug. Am i able to get ARD considering i couldnt with my first dui?

    Jason’s Answer

    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

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

    He got his 2nd offense dui, refused blood test.. they let him out on bail with SCRAM monitor. 4 months later he got another dui (which i believe will be charged as his second 2nd offense dui) on a controlled substance. Will they run these sentence...

    Jason’s Answer

    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, by getting a new DUI, your boyfriend could have his bail revoked on the first case and thrown in jail in the near future. I recommend that you contact a local lawyer that can give you a better idea of what the prosecutor and judges in that area will do. It may benefit your boyfriend to consider in-patient treatment to both get credit for jail time and also exhibit a good faith effort at rehabilitation. Again, talk to a local, experienced lawyer, as they can best help you.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA
    (814) 954-7622

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  • Public Drunkenness & Consumption of liquor by a minor

    My 20 year old daughter went to Pittsburgh for a concert this weekend. She had been drinking and went to her friends Jeep (no doors on it) to sleep it off. Police officers woke her, put her in the drunk tank (on site at the concert) and cited h...

    Jason’s Answer

    I primarily agree with everything that Attorney Jones has mentioned. The fine is a $500.00 MAX, and the judge has discretion to impose something less. The 90 day suspension is mandatory if the person is convicted or accepts an official "pre-adjudicative disposition." While a case may not be defenseable, that does not mean that an agreement cannot be reached with the officer and accepted by the court to allow for the dismissal of the charge/s. As a criminal defense lawyer in State College, I have handled thousands of Underage Drinking and related citations before different judges, and many judges have first time offender programs that require alcohol counseling, education programs, or community service and then dismiss the charges. Some charges will also accept agreements that are specifically structured to avoid license suspensions.

    Also, while the Underage charge can be expunged, an expungement is simply the destruction of the record. It does NOT erase the fact that your daughter was convicted if she pleads guilty to the charge. There are limitations to the expungement process, and I recommend that you read the links that I will post below.

    Contact an experienced defense lawyer in Pittsburgh, and many offer free consultations, so it will not cost you anything.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

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  • ARD for Operating a Watercraft Under the influence - 1st Off. (30 ss 5502 ss A1 & A.2) with 1 prior DUI gen imp 75 ss 3802 A1?

    DUI 1st offense happened 08/05/2011 York PA - no prior record. ARD was possible but my attorney said we had a good case so we fought the charge (no accidents, no injuries, no BAC b/c of refusal). We lost the case & the appeal. Due to long court pr...

    Jason’s Answer

    I believe that you are eligible for ARD, but I believe that it is highly improbably that the DA would approve ARD. If you are not approved for ARD, the prior DUI will considered a "prior offense" for sentencing purposes on the BUI. Under the BUI law, 30 Pa.C.S.A. 5502(d), a DUI conviction is considered in a BUI sentence, so I believe that your current BUI case could be considered as a 2nd offense if the DA actually read the BUI law closely. With your high BAC, you are facing substantial mandatory minimum penalties of 90 day incarceration and $1,500.00 fine if the BUI is considered a 2nd offense.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA
    (814) 954-7622

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  • If I get caught with 2 grams of marijuana and $300 cash what is the maximum sentence I can receive?

    a confidential informant bought marijuana from me in a school zone 4 separate times, and when the DEA showed up with a search warrant they found only 2 grams of marijuana and $300. what can i get charged with?

    Jason’s Answer

    My guess is that the Centre County Drug Task Force showed up and not the DEA. It was probably Det. Donald Paul. With 4 separate deliveries, the police generally file the following for each incident: 1) Delivery; 2) Possession With Intent to Deliver; 3) Simple Possession; and 4) Criminal Use of a Communication Facility. The Simple Possession charge is a misdemeanor, but the remainder are felonies. The Communication Facility charge may not make sense, but it simply alleges that you used a cell phone to facilitate the deal. Who doesn't use a cell phone to call or text someone. Regrettably, calling or texting to set up a deal is a felony charge. For each delivery in a school zone, you are facing a minimum of 2 years incarceration.

    There is not a lot of crime in Centre County, so drug cases are treated extremely severely. You need to get a good attorney.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    jd@mystatecollegelawyer.com
    (814) 954-7623

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