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L. Kenneth Chotiner

L. Chotiner’s Answers

78 total

  • Am I going to jail?

    I just got charges for my 2nd dui and I'm still on probation for my first I didn't have any achol in my system for both duis first one was just marijuana second one the found marijuana alporazam and amptemins in my system I wasn't arrested they se...

    L.’s Answer

    Although there may be a way to fight the DUI and win, every case is fact specific and you have more hurdles because of the probation. In addition to facing jail for the new arrest, you could be sentenced to jail for violating the terms of your probation. In fact, you could be arrested and incarcerated just for the violation. However, there are things that you may be able to do right now that will help minimize any sentence you could receive. As the others who have answered have told you, you need to speak with an experienced lawyer as soon as possible.

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  • Do I have a DUI?

    I am 19 years old. I did not completely stop at a stop sign and got pulled over. I took the sobriety tests and blew into the breathalyzer, then was taken to the station where I took another more detailed breathalyzer, I blew a .059. Then I was rel...

    L.’s Answer

    You can be charged within 2 years for a misdemeanor DUI. However, your situation presents some legal mine fields. The outcome of the underage drinking citation could have serious implications on the DUI charge if it is filed. You should consult with a few experienced DUI attorneys before you do anything else. Some attorneys, like me, offer free consultations over the telephone.

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  • PA 10 year look back period. Is it from the time you are charged from 1st to 2nd dui? Or time of sentencing from 1st to 2nd .

    I have a first dui and have now been charged with a second. I am trying to figure out if it's been 10 years or if I'm right at the line of 9 years and a few months

    L.’s Answer

    The ten year look back period for prior DUI offenses recently changed. The ten years is now calculated from conviction to sentencing. This means that, if you are not sentenced within ten years, you should not have a prior conviction for sentencing purposes. The difference could be a minimum of 3 days in jail instead of 90.

    Don't let one mistake lead to another. As you can see here, lawyers may have different opinions. That is why it is important to call a few attorneys before you hire one. Many attorneys offer free consultations. Some, as do I, will even provide a free consultation over the phone. You have a lot to lose so, call around as soon as you can.

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  • Is it normal for a police officer to test from THC when drawing blood for a BAC?

    my bf got stopped because he didn't stop for more than 3 seconds at a stop sign and then increased speed (38 on a 35). then the state trooper (which was near our neighborhood) pulled him out for sobriety tests. he then took him to get his blood dr...

    L.’s Answer

    I'm glad you posted your question here. You asked questions that some people may not know. (In fact, I just taught a continuing legal education class to some lawyers who asked similar questions.) Based upon what you've told me, here are my thoughts.

    The way I fight a DUI case is very simple. First, I look to see if the police/trooper had the right to stop my client. Based upon what you've said, the Trooper did NOT have the right to stop your boyfriend and he may be able to beat his case because:

    1) As long as your not asleep at a stop sign, there is no time requirement for how long you stop at a stop sign. All that matters is you make a complete stop. As long as your boyfriend made a complete stop, the Trooper did not have the right to stop him for that reason. and,

    2) The trooper cannot pull someone over for doing 38 mph on a posted 35 mph. (The law gives you a 9mph leeway. As long as your boyfriend was driving under 45mph, the trooper could not stop him for speeding.

    So, at this point, the trooper did not have the right to stop your boyfriend and any evidence obtained by his illegal stop should be suppressed and not used as evidence. This means that it doesn't matter if he was drunk and/or high. All the government will be able to prove is that he was driving.

    However, the trooper knows this and will probably tell a different story. If he does and claims that your boyfriend did not stop or was going 45 mph or more, then we look at if he had the right to arrest your boyfriend.

    Standardized Field Sobriety Tests ("SFST") are only designed to detect alcohol impairment and do NOT detect the presence of drugs. If there is no alcohol in your boyfriends blood test results, the trooper cannot use the SFST, to justify the arrest and the arrest was illegal and the blood test results should be suppressed.

    As long as the police have the right to request a test, they may test for anything. (Most blood tests will look for a number of impairing substances including THC.) However, there are ways to challenge the blood test results.

    Most troopers have video recorders in their patrol cars. So, all of this may be on tape, which is a good thing. Moreover, there are more ways to fight DUI cases. You should have your boyfriend call a lawyer immediately. That way, he can speak to the lawyer when everything is fresh in his mind.

    I'd be more than happy to talk to him. Please do not hesitate to have him give me a call. My telephone number is 267-217-DUI-7.

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  • ARD and applying for RN license

    3 years ago I got a DUI and was put into the ARD program. I am now applying to nursing schools and hope to eventually apply for my RN license with the PA board of nursing. I saw my lawyer a few months ago about getting it expunged and after puttin...

    L.’s Answer

    Another place you should check is your PennDOT driver history. If you're license was suspended as part of the ARD, that suspension is not expunged. Moreover, google your name along with the word arrested. Lastly, if you are not truthful on your application, there may be consequences down the road if any finds out.

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  • Dui in Pennsylvania with a prior Ovi in Ohio

    Sept. 13th 2014 I was arrested for a 1st offense dui in Ohio. Bac of .168 My conviction was settle Jan. 26, 2015.. recently got ran off the road by another driver and police did breathlyser and blood work and found my bac was .142.. will I get co...

    L.’s Answer

    State or Commonwealth makes no difference. Get a lawyer now. There are other technicalities that you may use to beat the case or at least reduce your sentence.

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  • Is it possible to get my DUI case dismissed or thrown out with a BAC level of exactly .08?

    I am being charged with a DUI after being arrested and breathalyzed at exactly .08. I remember the events of the night in vivid detail and dont feel i was incapable of driving. I was pulled over a half mile away from home for not staying entirely ...

    L.’s Answer

    It is possible to get your case dismissed. However, there are too many factors to consider beyond what you've posted. Call an experienced attorney. Many offer free consultations as do I. Speak with a few and hire the one you feel most confident about.

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  • DUI Question regarding 2 within 48 hours

    If someone gets arrested for a Highest Tier DUI (combination of legally prescribed drugs and alochol) in one PA county and then within 48 hrs gets arrested for a Highest Tier DUI (alcohol only) in a different PA county would they still be eligible...

    L.’s Answer

    Get an experienced DUI Defense attorney now! There was a recent change in the law. You are facing one first and one second DUI. On the first DUI you are facing a mandatory minimum sentence of 3 days to 6 months in jail. On the second, you are facing a mandatory minimum sentence of 90 days to six months in jail.

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  • Do you have to go to the police station to be charged with a dui?

    my daughter was sitting in the drivers seat with the car on. Police came shestarted throwing up, they took her to the hospitsal n drew blood, then realsed n was told it will come in the mail...will she be charged with a dui? And will she be arrested?

    L.’s Answer

    Whether or not she will be charged with a DUI depends on the results of the blood test. If the test results do not indicate the presence of alcohol and/or drugs, then she will, most likely, not be charged. If the results are positive, then she can be charged and will receive notice in the mail.

    As far as being arrested, it sounds like your daughter already was arrested when they took her to the hospital and requested blood. At the hospital, they probably read from a form and told her that she is under arrest for suspicion of DUI. If she does receive notice in the mail, she will most likely be fingerprinted and photographed after the hearing.

    You should not wait to get notice in the mail before you speak with an attorney. Depending on the facts of the case, there may be things that could be done now to prepare for the defense or to mitigate any damages.

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  • I was arrested for DUI, I refused to submitt to any testing without a warrant and I refused to answer questions, Trial ?

    I was pulled over by Pennsylvania state trooper, my registration was expired by 15 days I was waiting the new sticker in the mail. Nevertheless I refused to answer his questions (ie where are you going where are you coming from) I declined his off...

    L.’s Answer

    You really should speak with an attorney about all the facts of your case. You do not have to answer any of the questions you posted. With respect to the breathalyzer, if it was the roadside handheld one, you do not have to take that preliminary breath test. If it was a true request for breath, you would have been read warnings about your rights and the consequences of your refusal. Additionally, most state police patrol vehicles are equipped with a video camera. All of your interactions and some of your driving should have been recorded. Make sure you get a copy of the video and watch it with your attorney.

    Good Luck,

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