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Steven Ernest Kellis
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Steven Kellis’s Answers

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  • Turning myself in for a DUI in Philadelphia doing 72 hours can bring clean clothes underwear, or soap or washcloth

    or something to read ?

    Steven’s Answer

    When you check into the jail, the deputies will take your clothes and issue you jail clothes. You will then be searched for contraband. When you are released 72 hours later, you will get your belongings back. The best advise I can give you is to call the Sheriff's Department at the jail to ask exactly what you can bring in to the jail.

    Steven E. Kellis, Esq.
    215-940-1200

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  • Could I get probation or house arrest instead of jail time ? Or anything opposed to jail time

    I got my first DUI in 2008 and my second oct 2011 I have nothing else o. My record besides these dui's I have missed court 2 times and was locked up for 5 days for contempt of court I have a full time job college grad this has seriously impacted ...

    Steven’s Answer

    Your question is somewhat confusing. Is this a 2nd DUI or a 3rd DUI. I will assume the October 2011 DUI is still open and you are asking if there is a possibility of house arrest instead of jail time. This will depend on your BAC level if you are in Tier 2 (.10 %- .16%) or in Tier 3 (>.16%). If this is a Philadelphia DUI case and you reside in Philadelphia, there is a good possibility you will be eligible for the DUI Treatment Court and the 90 days mandatory minimum on a Tier 3 (2nd DUI) could be 10 days incarceration followed by 80 days of house arrest. If your BAC level is .08% - .099% or you are charged with only General Observation DUI charge then your jail time would be reduced to only 5 days in jail which could be served on weekend as well.
    If you want to avoid jail at all costs, a Philadelphia Judge will allow you to do an inpatient treatment facility for the amount of days you would be sentenced to jail. For example, if you are in the 2nd Tier and a 2nd DUI, the judge will allow you to do 30 days in an inpatient treatment facility and credit that time to the 30 day jail sentence. You have just avoided jail time in Philadelphia. Please call Steven E. Kellis, Esq. at 215-940-1200 to further discuss your question.

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  • How can I get a carry permit in pa

    I was denied a carry permit because of a dui (m1) But on the form and the challenge form It says a conviction exceeding two years Which I did not my sentence was 90 days to 24 months So how come I was denied I dont what to fill out the challen...

    Steven’s Answer

    The challenge form can still be filled out but will most likely be denied. I assume this was your second DUI and you were in Tier 3 which would make it a 1st degree misdemeanor (M1). The mandatory minimum sentence is 90 days but the maximum sentence is five years which of course exceeds the two years for a carry permit in Pennsylvania.

    Steven E. Kellis, Esq.
    215-940-1200

    See question 
  • Is a DUI grounds for losing custody?

    My boyfriend was found guilty of a DUI over a year ago, but is just now facing the consequences. i.e. hes on house arrest until the end of June 2012. His ex took him to court to file for full custody of their 3 year old daughter. Her grounds were ...

    Steven’s Answer

    Your boyfriend can try to fight the decision by the court but he must show that him being on house arrest does not affect the well being of his three year old daughter. If someone is on house arrest, he is restricted in many ways and this was part of the argument that his ex most likely used to gain full custody of the child. There is no information on the boyfriend's past criminal history or prior DUI's or other facts the judge may have considered when he awarded full custody to the ex.

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  • In PA, can I sue the bar that served a patron who was charged with DUI after he totalled my parked vehicle?

    My vehicle was parked. The driver of the vehicle that hit my parked vehicle, had just left a bar and drive approx. 1/2 block before he hit my parked vehicle and totalled it. He was charged with DUI and leaving the scene of an accident. He admit...

    Steven’s Answer

    • Selected as best answer

    The bar can be sued but it is difficult to make the case. You would have to show extreme negligence regarding the bar meaning that the bartender was serving a person he knew to be intoxicated. This is commonly referred to as a "dramshop" case. In your case it would be better to go after the driver's insurance company for the damages to your parked vehicle. This would only be a property damage case and not a personal injury case unless you were sitting in the parked car and you were injured.

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  • Is there a statute of limitations for a dui in pennsylvania?

    I got a dui in PA 6 years ago and never showed up to court because I moved out of the country before the trial. If I come back will I be arrested? Is there a time period when the charges will just go away? Wishful thinking...Thanks for any help

    Steven’s Answer

    The charges will not just go away. There will always be a bench warrant on you until the bench warrant is lifted by appearing in court. The statute of limitations only takes place between the incident date and the time the charges are filed. In your case, the charges have already been filed and the statute of limitations is not an issue. It would be best to hire an attorney.

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