Jason S Dunkle’s Answers

Jason S Dunkle

State College Criminal Defense Attorney.

Contributor Level 12
  1. I received a non-traffic citation for public drunkenness. Will I go to jail for this?

    Answered 7 months ago.

    1. Zachary Cooper
    2. Ronald F. Saupe
    3. Jason S Dunkle
    4. Derek Alan Steenson
    5. Andrew Joseph Edelberg
    5 lawyer answers

    In some of these cases, the officer and judge are willing to enter into an agreement in which you are required to pay court costs and possibly clean up costs if the vomiting occurred within a building, and you are required to complete community service in exchange for a dismissal of the charge. A dismissed charge remains on your record, so your attorney then files an expungement petition with a higher jurisdiction court to have the records of the incident destroyed. I just worked out such an...

    4 lawyers agreed with this answer

  2. Will I be charged?

    Answered 8 months ago.

    1. Geoffrey David Hood
    2. Jason S Dunkle
    3. Robert Phillip Odle
    4. Michael Lawrence Doyle
    4 lawyer answers

    In Pennsylvania, it is illegal for a person to "possess" drugs or related paraphernalia. Possession is not ownership. Instead, a possession charge can be filed if the police believe that a person could have taken control over the illegal substance. In your scenario, the joint was on the ground near you, so the officer could charge you. The officer probably administered the eye test to see if he could determine whether or not you have actually been smoking marijuana. If the officer believed...

    4 lawyers agreed with this answer

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

    Answered 10 months ago.

    1. David Craig McKenzie III
    2. Jason S Dunkle
    3. Charles Thomas Jr.
    4. Stewart C Crawford Jr.
    5. Ronald F. Saupe
    6. ···
    7 lawyer answers

    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...

    4 lawyers agreed with this answer

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

    Answered 12 months ago.

    1. Jason S Dunkle
    2. Thomas J. Wagner
    3. Daniel M. Myshin
    4. David Bruce Mueller
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  5. 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?

    Answered about 1 year ago.

    1. Jeffrey Andrew Rowe
    2. Jason S Dunkle
    3. Daniel M. Myshin
    4. Mark Copoulos
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. David M. Axinn
    3. Andrea E. Mertz
    4. Douglas Lee Dolfman
    5. William Ray Pelger
    5 lawyer answers

    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...

    4 lawyers agreed with this answer

  7. If I am convicted of a DUI with above .16 and with drugs in my system can I still be accepted into the ARD program?

    Answered over 1 year ago.

    1. Zachary Cooper
    2. Basil David Beck III
    3. William A. Jones Jr.
    4. Robert C. Keller
    5. Jason S Dunkle
    6. ···
    6 lawyer answers

    I have been a criminal defense lawyer in Centre County since 2004, so I have handled many cases similar to yours in this area. I would want to review your paperwork to see if any issues arise with regard to the possibility of having your case dismissed. Based upon the limited facts that you have presented, I believe that you would be an ideal candidate for ARD in this county. Over the years, I have represented many students that wanted to become professionals, be it lawyers, doctors,...

    4 lawyers agreed with this answer

  8. I should be losing my license for a DUI but Penndot says differently?

    Answered over 1 year ago.

    1. Anthony Gil
    2. Robert C. Keller
    3. Matthew Paul Scheitrum
    4. William A. Jones Jr.
    5. Jason S Dunkle
    6. ···
    7 lawyer answers

    License suspensions for participation in ARD are generally based upon the DUI charge that was filed, and the DUI charge is generally based upon your blood alcohol level. According to your initial post, you were told that you would incur a 60 day suspension. If you were charged with DUI, in violation of 3802(c), claiming that your blood alcohol level was above a .16%, then legally you should have a 60 day suspension. If the most severe DUI charge against you was a 3802(a)(2), which alleges...

    4 lawyers agreed with this answer

  9. Pa Underage drinking license suspension

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Robert C. Keller
    3. William A. Jones Jr.
    3 lawyer answers

    If you are paying a fine, it sounds as if you pleaded guilty to the Underage Drinking charge, which would also explain why your license is being suspended for 90 days. If so, filing a license suspension appeal would not help you at all. An appeal is handled by PennDOT, and PennDOT does NOT plea bargain or negotiate. If you pleaded guilty or were convicted of Underage, the 90 day suspension is mandatory, so you have no chance of winning a license suspension appeal. I have even seen judges...

    4 lawyers agreed with this answer

  10. I have a Misdemeanor 1 from a 2nd DUI in October of 2004. When can I restore my gun right privileges? And how do I go about it?

    Answered almost 2 years ago.

    1. Jason S Dunkle
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    The new DUI law became effective in February of 2004. Therefore, it is highly likely that your 2nd offense was under the new DUI law, which made a 2nd offense in the highest range of alcohol a misdemeanor of the 1st degree, which carries a 5 year maximum sentence and 90 day minimum sentence. Based upon the sentence that was imposed in your case, it appears highly likely that you were charged with the 1st degree misdemeanor. Based upon my understanding of Federal law, I believe that you are...

    4 lawyers agreed with this answer