David E. Hershey’s Answers

David E. Hershey

Dillsburg DUI / DWI Attorney.

Contributor Level 5
  1. Do I have a defense against this case?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. David E. Hershey
    3. Lars A. Lundeen
    4. Gregory S. Shields
    5. David B Sherman
    6. ···
    7 lawyer answers

    If the location of the offense is indicated as the walmart exit road (not otherwise designated as a public road), then the exit road may be a trafficway, not a highway. This is an important distinction under the Pennsylvania vehicle code. If the road is publicly maintained it is likely to be considered part of the "highway"Our careless driving law, section 3714, and driving at safe speed, Section 3361, only apply to "highways" not "trafficways". I suggest you hire an attorney to research this...

    5 lawyers agreed with this answer

  2. WHAT TYPE OF TROUBLE AM I FACING?

    Answered about 2 years ago.

    1. Michael Lawrence Doyle
    2. Adam D. Zucker
    3. Douglas K. Marsico
    4. David E. Hershey
    5. Shawn Michael Curry
    6. ···
    6 lawyer answers

    there is case precedent in Pa allowing prosecutors to bring criminal charges when someone with a pre-existing seizure condition drives knowingly under a license suspension. One of the keys to this case is whether prosecutors had ecvidence you knew (or should have known) you should not be driving. i had a case similar to yours where someone was killed and my client was charged with homicide by vehicle. Dave Hershey, Dillsburg, Pa

    5 lawyers agreed with this answer

  3. In Pennsylvania, is it required for an arresting trooper to be at a DUI trial? if so, what is the reference law?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Daniel M. Myshin
    3. Wade J. Skalsky
    4. David E. Hershey
    4 lawyer answers

    The arresting officer does not have to be present. Issue is ultimately whether there is enough evidence to prove charge beyond a reasonable doubt. In Pennsylvania, courts routinely allow witnesses to give their opinion regarding intoxication if they had sufficient opportunity to observe defendant and are otherwise familiar with the effects of alcohol. these cases are sometimes better suited for a jury trial if the Defendant is eligible for a jury trial (as opposed to a bench trial).

    4 lawyers agreed with this answer

  4. What may happen to my son who violated his probation for DUI by drinking beer with friends ?

    Answered over 1 year ago.

    1. William A. Jones Jr.
    2. Scotty J Storey
    3. Robert C. Keller
    4. David M. Axinn
    5. Jason B. Martin
    6. ···
    6 lawyer answers

    You did not indicate why your son was taken to jail directly--was it because of the new charges or because the ranger talked to his po?--either way, his po can schedule him for a revocation hearing in front of the original sentencing judge on a technical violation of probation. The original sentencing judge can then impose jail time if he sees fit. Your son needs representation.

    4 lawyers agreed with this answer

  5. Can my PA license be suspended for a DUI in New Jersey from 22 years ago?

    Answered over 1 year ago.

    1. William A. Jones Jr.
    2. Robert C. Keller
    3. Christopher M. Patterson
    4. David E. Hershey
    5. Kevin Mark Wray
    5 lawyer answers

    If I understand your facts ,then your New jersey DUI conviction was in 1991, before Pennsylvania legislatively adopted the drivers License compact for serious traffic offenses. This means that in the extremely remote event that new Jersey DMV chose to report it in 2013, you would have a defense based upon our landmark Pa Supreme Court ruling in Sullivan v.PennDot, Bureau of Driver Licensing (1998)

    Selected as best answer

  6. Am I eligible for ARD if I've committed a summary offense ?

    Answered almost 2 years ago.

    1. Robert C. Keller
    2. William A. Jones Jr.
    3. David E. Hershey
    4. Michael Kotik
    4 lawyer answers

    Some counties in Pa will offer ARD on a summary offense--not sure if Centre county does. The District Attorney's office should be able to answer that question. Another option would be to request the District Court judge, with the approval of the officer, to request community service in exchange for a withdrawl /dismissal of the charge upon successful completion.

    3 lawyers agreed with this answer

  7. Speedometer calibration

    Answered over 1 year ago.

    1. Christopher M. Patterson
    2. Robert C. Keller
    3. Zachary Cooper
    4. David E. Hershey
    4 lawyer answers

    Most, if not all of the agencies that calibrate speedos for state and local police are private, for-profit operations. My experience has been that these companies treat the records as private and usually direct all inquiries to the individual police departments. You could direct a right to know request to the police department specifying the information you are seeking. each department ususally has one person who is assigned to respond to such requests. If your request is denied, you can appeal...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is it worth fighting a citation for public intoxication?

    Answered over 1 year ago.

    1. William Ray Pelger
    2. Robert C. Keller
    3. Michael Kotik
    4. David E. Hershey
    4 lawyer answers

    If you are going to testify, you will have to be sworn in. The suggestion thast this will not go on your record is simply not correct. Our court system in Pa. keeps a record of all summary citations which are available for public inspection (some exceptions exist if you are under 18 when you are cited or arrested). You should consult a criminal defense attorney. You may be able to have the record expunged at a later date.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I was driving without a learners permit in a vaccant parking lot I was told i cant get my license till im 21 is this true ?

    Answered almost 2 years ago.

    1. William A. Jones Jr.
    2. Robert C. Keller
    3. David E. Hershey
    4. David B Pittman
    4 lawyer answers

    The license penalty depends on what section of the vehicle code you were cited under. There are certain violations in your case that would not delay your ability to get a license. You need to speak to an attorney who deals regularly with vehicle code violations. Even though you were in a parking lot, it is considered to be a trafficway and you can be cited if you do not have a valid learners permit.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Suspended license

    Answered over 1 year ago.

    1. Zachary Cooper
    2. Robert C. Keller
    3. Lidia L. Alperovich
    4. William Ray Pelger
    5. David E. Hershey
    5 lawyer answers

    Assuming no drugs or aclcohol in your system at time of this incident penalty is 60 to 90 days in jail. If you had BAC of .025% or greater and/ or illegal drugs in your system, penalty is more severe. You need to consult with a crimianl defense attorney.

    2 lawyers agreed with this answer

Protect your license and your livelihood. Call Dave Hershey today.

717-502-5000