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Robert John Schefter Jr.

Robert Schefter’s Answers

16 total


  • How does Target 25 supervised pre-trial bail work in York County PA ? I have a couple of prior DUIs in other states.

    Robert’s Answer

    Yes. Compliance with the Target 25 supervised bails conditions, including the alcohol monitor, may help you avoid incarceration. However, you must also promptly comply with other conditions as well in order to avoid incarceration. You should hire experienced private counsel in York County to fully explore all options and to help you achieve a house arrest sentence through the incentives program. Please call our office for a consultation.

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  • Im in need of a lawyer to get ARD & it's my first offense want opinions

    Robert’s Answer

    I agree with the advice to hire an attorney and respectfully disagree with the advice that you don't need a lawyer if you are applying for ARD. In the jurisdictions I practice in, many factors are used by the DA in deciding whether someone is eligible for the program, and there are many potential pitfalls. In particular, the facts of your case regarding switching seats and the resulting charges may present a wrinkle. Therefore, I always think it is advisable to hire counsel to get you through the ARD process, and especially in your case.

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  • I violated my probation

    Robert’s Answer

    I agree with all 3 other answers here and am only chiming in to emphasize Attorney Hill's point that it likely will be important for you or your attorney to be able to explain to the Judge why treatment wasn't started on time. Be straight-foward and honest in acknowledging the failure and accepting responsibility, and then of course highlight how you have corrected the error.

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  • I don't know if I actually got a DUI or not

    Robert’s Answer

    As others have indicated, it may take several weeks to get the BAC results back, and the Officer can file the charges right away or wait until the lab report is received. They don't have to give you a breathalyzer test; in most PA jurisdictions, the blood test is the chemical test utilized in DUI cases. The PBTs used in the field are for preliminary indications of alcohol consumption only, much like another field sobriety test. It does seem odd that they let you drive home. You also indicate you were pulled over in your friend's driveway. Hire a competent DUI attorney to explore whether there was justification for the stop.

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  • Pennsylvania resident convicted of dui in florida

    Robert’s Answer

    I agree with Attorney Smith's answer; PennDOT will not suspend your license for a first-offense out-of-state DUI. I do not believe the FL conviction will be included on a PA criminal background check, but it will appear on your national criminal record (NCIC record) for all states to see.

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  • I got a DUI and was not convicted for it yet, then got pulled over for the second one is it two first offenses?

    Robert’s Answer

    As long as you were not convicted or accepted into ARD on the first one, it should be two first offenses. Assuming your BAC was a .10% or higher, you will have two one-year suspensions, consecutive. PennDOT does not run any suspensions concurrent to one another.

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  • My daughter was charged with underage drinking reading was .023 could taking nyquil or halls cough drops affect the reading?

    Robert’s Answer

    Your daughter has a valid defense, and the blood and urine test results should be compelling evidence. The PBT results should not be admissible at the hearing pursuant to a 2010 PA Supreme Court case that your attorney can describe for you. So it seems to me the question is not whether cold medicines can affect the PBT results, but rather whether the officer can testify to any other physical indications of impairment, e.g., glassy bloodshot eyes, odor of alcohol, swaying, slurred speech, etc. If not, I don't see how the Commonwealth can meet its burden of proof. Make sure you have an attorney.

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  • Is it possible to have a 3rd offense dui charge thrown out when there is no B.A.C due to a refusal?

    Robert’s Answer

    Is it possible? Yes, but so many more facts need to be ascertained to determine that likelihood; things such as whether there was erratic driving, field sobriety tests performed and the results thereof, etc... You also need to be aware that the fact that you refused the chemical test is admissible against you at trial; the prosecution undoubtedly will argue that you refused because you knew you were intoxicated. Do not post any further facts here- you need to consult an experienced DUI attorney immediately. Your attorney will be able to cross-examine the officer at the preliminary hearing and discover all of the alleged observations.

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  • Underage automatically with an open container?

    Robert’s Answer

    Although you do have an explanation as to why you were holding the container, you did still technically "possess" the alcohol under the statute. So, while you could take it to a hearing, I think the preferred course of action would be to try to resolve the matter prior to the hearing by explaining the situation again to the officer and definitely present confirmation of your military commitment. Even if the charges cannot be dropped initially, many jurisdictions approve an alternative adjudication program, where you would complete an alcohol course and/or community service, for example, in exchange for dismissal or reduction of the charges. Be aware of the license suspension issues as well.

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  • If convicted in PA of a DUI with an out of state license can I drive in PA after fulfilling jail time, probation and fines in PA

    Robert’s Answer

    No. You will have to serve the entire duration of the suspension in PA. You should have received a letter from PennDOT notifying you of the duration of the suspension and the restoration date. Make sure you follow through with the restoration requirements, because your privileges will not be restored unless and until you do so (regardless of your restoration date).

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