Theodore H. Swan Jr.’s Answers

Theodore H. Swan Jr.

Abington DUI / DWI Attorney.

Contributor Level 11
  1. Second Dui/ Fines

    Answered about 1 year ago.

    1. Robert C. Keller
    2. Adam D. Zucker
    3. Theodore H. Swan Jr.
    4. Lidia L. Alperovich
    4 lawyer answers

    I agree with Mr. Zucker. It may be premature to petition the court but make your concerns known to your PO. Go back to your original attorney, if possible, and ask that they help you petition the court for a waiver or reduction. He/she will also have to contact your PO and see if they agree with what you are trying to do. Good luck.

    10 lawyers agreed with this answer

  2. Does a p.a. Cop have to wait 20 minutes before giving me a breath test, and does he have to give me two consecutive breath test?

    Answered about 2 months ago.

    1. Theodore H. Swan Jr.
    2. Daniel M. Myshin
    3. Michael Harris Fienman
    4. Steve Edward Jarmon Jr.
    5. Ellis B. Klein
    6. ···
    6 lawyer answers

    It sounds like the officer had to blow for a PBT (preliminary breath test) which is not admissible in court but can add to reasonable suspicion. He does not have to wait 20 minutes for this or two consecutive tests. There may be other issues as to the stop and the sobriety testing. The key will be what the blood test reveals. I suggest that you stop asking questions on this site a contact an experienced DUI lawyer who is familiar with Bucks County practice. And, "No", being from NJ doesn't matter.

    9 lawyers agreed with this answer

  3. How can I get my criminal county report?

    Answered 6 months ago.

    1. William A. Jones Jr.
    2. Theodore H. Swan Jr.
    3. Theodor Kaplun
    4. Geoffrey David Hood
    5. Steven Fisher Fairlie
    6. ···
    6 lawyer answers

    I am not sure what you mean by "criminal county report". You should know if you have been charged with a crime or crimes in the past and what the end result was. You can go on line and visit ther PA State Police web site to get a copy of your criminal record.

    8 lawyers agreed with this answer

  4. Unpaid court costs for DUI were sent to collections 6 years ago, do they still show up on record in the court?

    Answered 3 months ago.

    1. Theodore H. Swan Jr.
    2. Charles Laputka
    3. Andrew M Ellis
    3 lawyer answers

    Yes it still shows. Check with the clerk of courts of the county where the case was filed. And/or go to Pennsylvania's United Judical System website. You should be able to pull up your docket

    7 lawyers agreed with this answer

  5. Will I be charged as 1st offence again or 2nd offence when we go to court?

    Answered 5 months ago.

    1. Daniel M. Myshin
    2. Matthew Jared Rapa
    3. Aman M. Barber III
    4. Zachary Cooper
    5. Geoffrey David Hood
    6. ···
    8 lawyer answers

    Take the advice of my colleagues. It will come up as a second offense and you do not want to add another criminal offense to your problems by claiming it is a first offense.

    7 lawyers agreed with this answer

  6. What happen if you had a dui for the first time and you did your 72 hours but didn't know that you had a probation office

    Answered about 1 year ago.

    1. Robert C. Keller
    2. Theodore H. Swan Jr.
    3. Michael Kotik
    4. Michael Lawrence Doyle
    5. Michael A. Berman
    6. ···
    6 lawyer answers

    Both of my colleagues are spot on in this. Do what they suggest.

    7 lawyers agreed with this answer

  7. My boyfriend is on probation. If I am home and he is not can his probation officer still come in the house?

    Answered about 1 year ago.

    1. Theodor Kaplun
    2. Robert C. Keller
    3. Christopher Irvin Simser
    4. Theodore H. Swan Jr.
    5. Jasen Bodie Nielsen
    6. ···
    6 lawyer answers

    The short answer is "Yes" at least in Pennsylvania. Probation/parole officers have a broad range of power which includes entry and search of a probationer/paroles's residence.

    7 lawyers agreed with this answer

  8. I got pulled over for DUI, I have two questions.

    Answered almost 2 years ago.

    1. Michael Lawrence Doyle
    2. Theodore H. Swan Jr.
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    Under the facts stated, the officer had a valid reason to pull you over. I am assuming that he/she detected an "odor of alcohol" which was the reason for the PBT ("breathalyzer) and from what you say, showed a reading of .08 or above. Typically, you cannot get the lab report prior to your hearing. If your blood alcohol level was under a .08 and there was no illegal substance in your system, the charges may be withdrawn. In any event, you should retain a criminal defense attorney in...

    7 lawyers agreed with this answer

  9. Is there a mix up in the paperwork, should I consult my attorney about what is happening to me months later? Is this accurate?

    Answered 5 months ago.

    1. Daniel M. Myshin
    2. Theodore H. Swan Jr.
    3. Lidia L. Alperovich
    3 lawyer answers

    With all due respect, why are you asking this question on this site? It seems that your attorney did an exceptional job and you are fortunate that you are not in jail. Call your lawyer. Go to the clerk of courts. Your license suspension is undoubtedly statutory for a violation of the drug act which does not require any nexus to driving a vehicle.

    6 lawyers agreed with this answer

  10. How long after filling out my ARD application will i have till i actually go towards probation?

    Answered 6 months ago.

    1. Theodore H. Swan Jr.
    2. William A. Jones Jr.
    3. Geoffrey David Hood
    4. Laurence Charles Kress
    5. Brendan Michael Campbell
    5 lawyer answers

    With all due respect, call your lawyer.

    6 lawyers agreed with this answer

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