About a month ago I got my second DUI...I blew .12 but haven't had any trouble in seven years...The cop arrested me after failing the breathalyzer test and did not read my my rights until after I was fingerprinted had my picture taken and was told...
Miranda warnings are only applicable if a person is in custody AND being subjected to an interrogation, meaning questioned about criminal activity. During the initial traffic stop, a person is normally only being "detained" and is not in "custody," so Miranda warning are not required. After you were arrested and placed in "custody," the officer did not interrogate you. After you submitted to the blood test, then you were in custody, and the officer chose to interrogate you. At that point, the officer was required to advise of Miranda warnings. Even if the officer did violate your 5th Amendment rights, a violation only results in the suppression of the illegally obtained evidence, which would mean your statements about drinking, where, and how much would be suppressed. But other evidence, such as your driving, performance on field sobriety tests, and other observations of the officer regarding your intoxication would not be suppressed.
Jason S. Dunkle, Esquire
JD Law, P.C.
Unemployment compensation is my only income and I have a family too support. Lost my driving job do good DUI charges
You can always ask for a reduction of the attorney's rate or the possibility of a payment plan. My concern is that money can be a factor in your consideration of attorneys, but money/cost should not be your primary factor. An attorney provides a service, and you should consider your selection of an attorney the same way that you would evaluate any other service provider. Does the attorney have experience in the particular county in which you were charged? What do his peers say, meaning do other DUI or criminal defense attorneys give him positive reviews online. What do former clients say about the attorney? Does the attorney have awards, such as being recognized as a Super Laywer in his field? Is the attorney a member of defense attorney associations or DUI defense associations? Regrettably, the better and more experienced attorneys do cost more. The cliche that "you get what you pay for" is often very accurate.
Jason S. Dunkle, Esquire
JD Law, P.C.
State College, Pennsylvania
I got pulled over and was charged with DUI controlled substance schedule first offense. DUI controlled substance metabolite 1st offense. and DUI controlled substance impaired ability first offense.
In Pennsylvania, the severity of charges range from a felony, to a misdemeanor, to a summary offense. There are also levels of misdemeanors, with the 1st degree misdemeanor being the worst, 2nd degree is slightly less severe, 3rd degree, and then ungraded misdemeanors. A first degree misdemeanor is normally punishable by up to 5 years in jail and a $10,000.00 fine. It also triggers a Federal firearm prohibition, meaning a conviction of a first degree misdemeanor prohibits a person from possessing a firearm.
If your DUI is a first offense, the charge is an ungraded misdemeanor, punishable by up to 6 months in jail and a $5,000.00 fine. A second offense of DUI in the highest tier of penalties is a first degree misdemeanor.
Jason S. Dunkle, Esquire
JD Law, P.C.
My license is currently suspended in Pennsylvania but I'm not sure if I have technically started serving the time yet. I began payment on all the fines with a payment plan but I never turned in my physical license card. On my restoration form it s...
There is a difference between being suspended and getting credit for suspension. According to your post, your suspension started 5/5/2015, so you would not have been permitted to drive after that date. However, PennDOT does not give you credit towards that suspension until they receive your most recently issued license or a signed DL-16 form advising why you cannot surrender that license, meaning you lost it. Your credit starts from the mail on the envelope in which you mail your license to PennDOT. You should mail that license or sign the form and return it ASAP to start serving the suspension.See question
Could you tell me what the penalties/consequences would be for driving (not under the influence) in the state of PA with a revoked license due to a felony DUI in the state of Florida?
I agree with Attorney Hyde. The charge that you face is Driving Under Suspension under 75 Pa.C.S.A. 1543(b), which punishes a person that does not have a license because of a DUI. It does not matter that you had not been drinking when you were driving. If you were, the charge would be slightly different and even more severe. As is, by just driving on a license that was suspended because of a prior DUI, you are facing a MANDATORY MINIMUM sentence of at least 60 days in jail and up to 90 days. There are times that judges will allow in-home detention instead of jail. I highly recommend that you hire an attorney if you are charged to try and avoid the jail time.See question
I was stopped in Wal-Mart for a supposed shoplifting which I was not doing I was grabbed forcefully from security guard at registe r before I was able to pay for my purchase. I was taken to office they yelled and made me feel as if u was some low ...
If you are convicted or plead guilty to a misdemeanor drug possession charge under 35 P.S. 780-113(a)(16), there is a mandatory suspension under 75 Pa.C.S. 1532(c). You are also NOT eligible to obtain an Occupational Limited License (OLL), meaning a limited license to allow you to drive to/from work, for a drug possession suspension. The suspension length is 6 months for a first offense and increases if you have prior drug possessions. I highly recommend that you hire an attorney. Maybe the attorney can challenge the search in your case or have the charge changed to something other than drug possession to avoid the suspension.See question
I entered a plea of guilty for a DUI offense in the state of Ohio, I am a Pennsylvania resident. I served 72hr in jail, a 6 month driving suspension (3/16-9/16), and am currently wearing an alcohol monitoring bracelet (SCRAM) until 6/12/17. I went...
Regrettably, double jeopardy does not apply to your situation. What happens is that a license suspension is what is called a "collateral consequence" of your sentence in Ohio. While the judge in Ohio did not directly tell you that the guilty plea could impact your Pennsylvania license, it can, and it appears that it will. Pennsylvania has passed the Driver's License Compact, and that allows Pennsylvania to punish you for vehicle code violations in other states. Pennsylvania does not normally suspend for a first offense that is committed in another state. Because Pennsylvania is seeking to suspend for 12 AND imposing the interlock requirement, Pennsylvania is most likely treating this as a second offense, which they have a notation of a prior DUI on your Pennsylvania driving record. If you pleaded guilty to the Ohio charge, and if you have a prior DUI on your Pennsylvania driving record, your appeal will probably not be successful. PennDOT is required by law to impose the suspension and impose the interlock requirement on a 2nd offense. Plea bargaining happens with criminal charges and with prosecutors. PennDOT does not plea bargain. The suspension and interlock requirements are required by law. Your Ohio attorney should have told you that your conviction in Ohio could have collateral consequences with your Pennsylvania license.See question
Caught with possession of less then a gram of marijuana
If you plead guilty or are convicted of Possession of a Small Amount of Marijuana under 35 P.S. 80-113(a)(31), there is a mandatory license suspension under 75 Pa.C.S. 5132(c). For a first offense, the suspension is 6 months. In order to avoid the suspension, you must avoid a conviction of that charge. You should talk to an attorney in that area to see if there is anyway to avoid the conviction.See question
Last night I went to a party with my friends at Penn State. On the way home my friend urinated on a building. An officer saw this and stopped us. There was no one sober to take me home so the officer called me an ambulance. After I got into the am...
You are likely to receive an Underage Drinking citation, and possibly a Public Drunkenness citation, in the mail. It is pretty routine that people that are transported are not given a citation immediately because the police are concerned that they person may be too drunk to keep track of the citation. People are often cited and released generally or cited and released to a sober friend. Within the next week or so, you are likely to receive the citations in the mail and will have 10 days thereafter to enter a plea.See question
Co worker who I now give a ride to everyday had his license suspended for an event in which he refused the chemical test. Was given 1 year by DMV for the refusal. The court found him guilty for DUI and was given another year suspension. Seems a ...
A refusal to the blood test does trigger a civil, administrative suspension from PennDOT that is 1 year for the first refusal. A person is not eligible to obtain an Occupational Limited License (OLL) for this suspension. The person also faces a suspension based upon the DUI charge in criminal court. With him being convicted, he would face another 1 year suspension for the criminal charge. He is eligible to obtain an OLL to give him limited driving privileges after serving 60 days of the suspension.
Depending upon how long ago his case was handled, he may be able to use the recent Supreme Court opinion in Birchfield to challenge the suspensions. He should talk to his lawyer that provided representation to see if Birchfield may apply.See question