Michael Harris Fienman’s Answers

I need more information about the incident, the citation or citations that were issued and your husband's interaction with police in order to provide you with an answer. Your husband owes it to himself to contact an experienced attorney who, like me, routinely handles traffic matters similar the one you describe. His livelihood is at stake and there may also be ramifications that will impact his driving record for years to come. Thank you for your question and best of luck!

There is a chance that your charges can be amended, but without more specific information, it is hard to say. Because you have not yet had your preliminary hearing, I am puzzled as to why you would assume that you will be required to complete a CRN, AAHS and community service. Generally, those obligations are imposed by the court or the district attorney as a condition of ARD or a plea agreement. Keep in mind that under the United States Constitution, you are innocent until proven guilty;...

I agree with Mr. Keller. Contact an attorney as soon as possible so that an ARD application can be properly prepared and submitted to the District Attorney. Good Luck!

The Commonwealth has the right to amend your charges provided that there is a factual basis to justify the modification. You would be well advised to contact an experienced attorney who, like me, routinely handles DUI matters; once your case is reviewed, they will be in the best position to advise you of your rights and any options that you may have. Thank you for posting and best of luck!

If you are referring to Miranda, it is unlikely that your charges will be dropped. The affiant’s observations of your physical appearance, demeanor and operation of the motor vehicle will probably be enough to sustain a DUI charge. To be sure, contact an attorney who, like me, routinely handles DUI matters. They will be in the best position to assess the merits of your case and provide the appropriate advice. Thank you for your question and good luck!

You are most likely entitled to the fair market value of your vehicle at the time of the loss. That amount would be reduced or "offset" by any compensation you received as a result of the insured's liability policy. If the insurance company has already made you whole, you may not be entitled to any restitution and this may be a moot issue for the prosecution. I recommend that you contact the district attorney who is making the request and provide the details of your situation. They will...

You have a defense worth exploring. Do yourself a favor and contact an experienced DUI attorney who, like me, routinely handles cases like yours. Once you provide all of the facts, they will be able to give you more specific information. Thank you for your question and good luck!

You should immediately consult with an attorney because of the potential ramifications of an underage charge. Based on the facts provided, you have a case worth fighting. I would need more information to provide any advice. Feel free to contact my office (215-839-9529) for a free, no-obligation consultation. Thank you for your question and best of luck!

I suppose that the police cannot force a suspect to do anything. However, in my experience, I have found that the defendants who were cooperative at the time of their arrest but ultimately convicted generally receive more favorable treatment at sentencing. Thanks for your question and best of luck to your son.

A chemical test refusal results in a one year license suspension and will be in addition to any suspension time that you may receive as a result of your criminal prosecution for DUI. The fact that this is your first offence will have no effect on suspension for the chemical refusal. There are a lot of variables, so I am hesitant to tell you exactly how long your license will be suspended for. Do yourself a favor and contact an experienced DUI attorney who, like me, routinely handles...