It is absolutely possible but you will want to talk with a qualified DUI attorney in the County where this occurred. Please note that you can still be charged and convicted of a DUI even if you refused. There is a lot of other facts that need to be looked at to determine what possible defenses you may have. I would strongly recommend that you talk with an attorney immediately as a 3rd offense within ten years carries serious consequences. Zachary B. Cooper, Esq. Levow & Associates, PC...
10 lawyers agreed with this answer
I would hire an attorney immediately and go over all of your options as well as any possible defenses. For a first offense you would be looking at a mandatory minimum of 72 hours in jail as well as a one year drivers license suspension. You may also be eligible for the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal...
9 lawyers agreed with this answer
Yes it is possible. You would want to contact an attorney who handles DUI cases in the County where this occurred. You will want to go over any and all defenses that may be available to you. There is also a program called ARD in Pennsylvania which is run be each individual DA's office. If you are accepted into the ARD program there is no jail time, a license suspension of 1-3 months depending on your age, blood alcohol level, drugs in system, or refusal. Again, this is something you should...
9 lawyers agreed with this answer
There are only a few ways to have something expunged in PA. Obviously if your husband was placed on ARD for one of the cases and completed everything he would be able to get that expunged. Unfortunately if he pled guilty or was found guilty he would have a conviction and this much harder to have it expunged. I fact, in PA he would have to be 70 years old or dead to have it expunged. He could also try and have it expunged by pardon through the governors office as well. This is something he...
9 lawyers agreed with this answer
You can attempt to sue if you want but it is certainly not a guarantee that you will be successful. That would be more of a civil case and you would want to speak with an attorney that handles these types of issues. You can also file a complaint against the police if you feel that you were treated unfairly. This is usually done through internal affairs. I wish you luck.
9 lawyers agreed with this answer
It sounds like you have some good facts to work with. I would talk with an attorney who practices in the County where this occurred immediately. You will want to make sure you enter a plea of not guilty by signing the back of your summons/ticket and this way the Court will schedule a hearing for you. On the date of the hearing your attorney may be able to work something out with the officer prior to any hearing taking place. Talk with an attorney and make sure you understand all your options.
8 lawyers agreed with this answer
1 person marked this answer as helpful
No however there are some other states that will charge you for this such as New Jersey.
8 lawyers agreed with this answer
First thing you should do is hire a DUI attorney in the county where this occurred. There are many options that an attorney will go over with you including any defenses as well as the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year....
7 lawyers agreed with this answer
If your last DUI was twenty (20) years ago even if you are denied ARD this would be counted as a first for penalty purposes. I would strongly recommend that you talk with a qualified DUI attorney in the County so you can understand your options. Please feel free to call me if you have any further questions. Thanks. Zachary Cooper, Esq Levow & Associates, PC Practice Limited to DUI Defense 484-614-6154--Cell
7 lawyers agreed with this answer
Talk with an attorney about this issue as soon as you can. If the police officer pulled you over illegally your attorney can file a Motion to Suppress the actual stop. Try not to put too many facts about your case on sites like this as anyone can read this. Good Luck!! Zachary Cooper, Esq. Levow & Associates, PC Limited to DUI Defense 484-614-6154
7 lawyers agreed with this answer