Skip to main content
Brian Vincent Manchester

Brian Manchester’s Answers

96 total


  • Can I be chaged for a DUI after 50 days of the incident date?

    I was arrested 4-7-2013 for DUI accident in which I sustained no injuries and totaled my vehicle. No other property, vehicles, or people were involved in the accident, just a tree. I refused ambulance personal. I was cuffed and transported to m...

    Brian’s Answer

    The police have up to two years to file charges. If you were given a blood test then the test results were likely sent to the State Police Crime Lab in Erie. The blood test is done using gas chromotography. Although a good testing methodology it is complex and multiple things must be done right. Having dealt with this lab multiple times there are generally several issues that show up that a defense can be built upon.

    Just because there is a test result does not mean your case is not defensible.

    See question 
  • I need an expert dui attorney in the Lancaster, PA area. There's a lot to my case, and I can back up everything with the truth.

    I should say the truth and facts , documented facts . What I need is someone who will defend me , after they see the facts , and if they agree . . . wouldn't be afraid to stand up for what is right , ( I would do it myself but I'm not an ...

    Brian’s Answer

    Contact Justin McShane A.S.A.P.

    See question 
  • Brothers 4th dui , only going to arraignment for the 2nd tomorrow . . . what happens now ?

    My brother is 25 and w reckless . He has now gotten 4 dui , 3 of which in the last 4 months . He hasn't even been sentenced for the 2nd yet and the 3rd he wasn't found in a car ( can he still be charged ? the truck was on the side of the rd ,...

    Brian’s Answer

    It is possible to combine the three offenses into one as you say but only if in the same county. Legally if they are in the same county and he is sentenced at the same time they would be three second offenses for sentencing.

    With that said don't assume all three should just be pled to. DUI cases are always complex. Multiple DUI offenses going on at the same time are even more so. If this case isn't handled correctly he could be facing a second, third, and fourth offense for sentencing and depending on his BAC, he could be looking at 90 days plus one year plus one year on the minimums and a max of five years each.

    He better get a good attorney quick and preferably one lawyer to handle all three matters.

    See question 
  • DUI advice

    I was arrested for a DUI even though I wasn't drinking before I drove. My vehicle became stuck driving pulling someone else out and we started drinking when while waiting for someone to pass. Any advice besides"get a lawyer" or "you need a lawyer"...

    Brian’s Answer

    The law is tricky in these situations. The law states if your BAC is greater than .08 within two hours driving or being in physical control of a vehicle you can be convicted on the BAC offense. As to incapable of safe driving the Commonwealth has to prove at the time of driving you were impaired by alcohol.

    With that said if they can't prove you were driving or if they believe you, you have defenses. You also have defenses to the blood test itself. Lycoming County sends their blood samples to NMS labs in Willow Grove, PA. It is tested using gas chromotography and the testing methodology has many aspects that can go wrong so just don't assume a number above .08 means an automatic conviction.

    ARD is a possibility to be discussed with a lawyer but it isn't always the best thing to do. Furthermore, Lycoming County doesn't just hand out ARD. If you have a conviction of anything in your past they will not offer you an ARD even if the prior conviction is not for a DUI.

    See question 
  • What kind of time is my boyfriend possibly looking at if found guilty with 15 charges against him involving illegal drugs?

    He is looking at 5 charges of Manufacture, delivery, or possession with intent to manufacture or deliver, 5 charges of Int Poss contr subst by a per not reg and 5 charges of criminal use of communication facility. Also it's possible if he doesn't...

    Brian’s Answer

    • Selected as best answer

    If all sales were in a school zone and he loses at trial he is facing 2 years on each and if run consecutive he is looking at 10-20. Each of the Communication facility charges do not merge for sentencing purposes so he could even get more time. The weight is a seperate issue and if any of the weight madatories are higher than the school zone they will go with that.

    There is a lot going on in this case and you must get this man an attorney who regularly handles drug cases. Another issue is that one should not assume the drugs are actual drugs. You also need an attorney who understands the scientific aspects of drug testing and how to use science to defend against these charges.

    See question 
  • What if the hair color on a police criminal complaint is marked incorrectly? Is this a problem?

    My son has been charged with possession of drug paraphenalia and the color marked for his hair says blue and blonde. His hair has never been blue. Do I need to mention this to someone?

    Brian’s Answer

    This can either be a big deal or nothing. It depends on whether or not ID is really an issue or if the cops just marked down the wrong hair color. More facts are needed.

    See question 
  • Should I get a lawyer or wait for a public defender? Does he have chances of beating the case?

    Right after I left my boyfriend (who lives in a shelter) he hung outside his friend's porch with his brother (drinking beer). The police said my boyfriend matched an accuser's description. A person said they heard a gun shot, saw a blonde in blue ...

    Brian’s Answer

    If you can hire a good private attorney, do it.

    See question 
  • Is it possible to just get a fine for a first time shoplifting offense in pennsylvania.

    i shoplifted $130.00 worth of things. i have no prior arrests or have been in any trouble. i am 59 yaers old.

    Brian’s Answer

    Generally you would be looking at a fine but there is a diversionary program available as well as the possibility if you pay court costs and behave for a few months the charges can be withdrawn. Make sure you either pay the resitution to the store before you go to cvourt or have the money woth you at the court hearing. The best thing to do is invest in a lawyer.

    See question 
  • How much time do you get for selling heroin to an under cover 3 times and have a prior record for selling 10 ft away from school

    and sold in the past 10 feet from school property in which served 2yrs for

    Brian’s Answer

    More information is needed other than just this one instance. Were you in a school zone again? Do you have other convictions? What was the drug and its weight?

    DA Zanic is an aggressive prosecutor but he has been a fair man to my clients in the past. There is also a difference between what you could get and what you will get and there are so many variables to this situation that a simple answer is not possible.

    See question 
  • State parole

    ok what if your max date is two days from now and your sitting there waiting on a hearing for a technical violation what happens from there?

    Brian’s Answer

    If found to be in violation of the technical offense then he will be given a sentence within the Department of Corrections presumptive sentence range for that particular offense.

    See question