Michael Harris Fienman’s Answers

Michael Harris Fienman

Philadelphia Criminal Defense Attorney.

Contributor Level 11
  1. I have a reckless endangerment charge with my second high level dui what is the likely hood of jail time?

    Answered about 1 year ago.

    1. Michael Harris Fienman
    2. Aman M. Barber III
    3. Robert C. Keller
    4. Zachary Cooper
    5. Lidia L. Alperovich
    6. ···
    7 lawyer answers

    You have been charged with serious crimes that carry stiff penalties; the DUI alone carries a mandatory minimum jail sentence. Penalties for reckless endangerment often depend on a variety of factors like the facts and circumstances which underlie the charge, prior record, etc. You would be well advised to hire an attorney who, like me, has handled complex DUI matters similar to the situation described in your post. Only a licensed attorney can provide you with proper legal advice on this...

    Selected as best answer

  2. Got a DUI in New Jersey about 25 years ago and did the classes in Pennsylvania to satisfy New Jersey. Recently got a DUI in

    Answered about 1 year ago.

    1. Lidia L. Alperovich
    2. Michael Harris Fienman
    3. Michael Lawrence Doyle
    4. Andrea E. Mertz
    5. Aman M. Barber III
    5 lawyer answers

    There is a good chance that the prior DUI will show up when the DA runs your background check. My understanding is that the DA has access to the FBI database which should have your entire criminal history. It is still worth a shot to apply for ARD, although, I would not be surprised if you are denied. Feel free to contact my office if you wish to further discuss this matter during a free, no-obligation consultation. You owe it to yourself to contact an attorney regarding the charges you are...

    13 lawyers agreed with this answer

  3. My husband a professional truck driver had a major accident and totaled the company's truck, he was given a ticket, but pleaded

    Answered over 1 year ago.

    1. Michael Harris Fienman
    2. Stewart C Crawford Jr.
    3. Christian K. Lassen II
    4. Sagi Shaked
    5. Peter M Gorski
    6. ···
    6 lawyer 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!

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  4. I was recently arrested for a DUI. I blew a .17 at 1:06AM. My blood was taken at 2:06AM. Could it have went down?

    Answered over 1 year ago.

    1. Michael Harris Fienman
    2. Robert C. Keller
    3. Darryl Wayne Genis
    4. John Paul Thygerson
    5. Eric D. Strand
    5 lawyer answers

    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;...

    9 lawyers agreed with this answer

  5. 2 DUI's a few months apart?

    Answered 8 months ago.

    1. Jeffrey Andrew Rowe
    2. William A. Jones Jr.
    3. Michael Harris Fienman
    4. Thomas J. Wagner
    4 lawyer answers

    Sorry to say, you will not qualify for an OLL. PennDOT will only issue an OLL when it is a first offense DUI suspension and your petition is approved. Even though PennDOT states that a first offence qualifies for an OLL, they really mean the first offence in your lifetime. Based on the information you supplied, you have multiple DUI charges that will each be graded as a first offence for sentencing purposes. You have an attorney. Talk to him or her as they are in the best position to...

    8 lawyers agreed with this answer

  6. I have a pending DUI and may not get ARD. I want to know about an Occupational Limited License in PA.

    Answered 12 months ago.

    1. Michael Harris Fienman
    2. Lidia L. Alperovich
    3. Andrea E. Mertz
    4. Mark Copoulos
    4 lawyer answers

    It sounds like you may qualify for an OLL but it will ultimately be up to PennDOT. Take a look at the PennDOT website; they have all of the information you will need to learn about and apply for an OLL. If you want to make sure that your petition is properly prepared, contact an attorney who, like me, routinely handles complex DUI and license restoration matters. We are in the best position to provide sound advice. Thanks for your question and best of luck!

    8 lawyers agreed with this answer

  7. Will I get jail time for dui (1st offense)+careless and reckless driving?

    Answered about 1 year ago.

    1. Robert C. Keller
    2. Michael Harris Fienman
    3. Lidia L. Alperovich
    4. Anita Marie Seth
    5. Scotty J Storey
    5 lawyer answers

    Sorry to hear about your situation. Do not rely on the comments from counsel licensed in other jurisdictions. Mr. Keller's comment is on point. You need to speak with a local criminal defense attorney, who like me, routinely handles DUI matters. We are in the best position to evaluate your case and provide the proper advice. Thanks for your question and best of luck!

    8 lawyers agreed with this answer

  8. My son who is 18 was arrested for a DUI (first offense) in PA.

    Answered over 1 year ago.

    1. Robert C. Keller
    2. William A. Jones Jr.
    3. Adam D. Zucker
    4. Michael Harris Fienman
    5. Ellis B. Klein
    6. ···
    6 lawyer answers

    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!

    8 lawyers agreed with this answer

  9. Can charges be dropped if you were not read your rights during a dui arrest?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Adam D. Zucker
    3. Michael Harris Fienman
    4. William A. Jones Jr.
    4 lawyer answers

    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!

    8 lawyers agreed with this answer

  10. Is it typical for DUI Charges to be amended at the preliminary hearing?

    Answered over 1 year ago.

    1. Ross Marvin Miller
    2. Robert C. Keller
    3. Michael Harris Fienman
    3 lawyer answers

    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!

    8 lawyers agreed with this answer