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Brian Vincent Manchester

Brian Manchester’s Answers

96 total


  • When on the PA ARD program will I be subject to random drug and alcohol tests?

    I got a DUI and my court date is May 9, 2011. My application for the ard program was already accepted, but I am unsure of all the terms/conditions that go with it. Will I have a probation officer that I have to meet with on a regular basis? Also, ...

    Brian’s Answer

    General conditions of ARD do not include drug testing. That would be a special condition and I have not seen it in the over 1000 ARD cases i have handled.

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  • Will this be my first or second DUI charge? Is there a way to avoid jail time?

    I received my first DUI in NJ, in August of 2007. I was recently pulled over and charged with a DUI in PA (March 2012). Will I be charged with a second DUI or first because I'm in another state? My BAC level was above .16%, is there a way to avoid...

    Brian’s Answer

    This is a second offense and you would be subject to a mandatory minimum of 90 days in jail to five years in jail.

    An alleged blood or breath reading is juet that. Alleged. There are multiple problems with blood and breath testing in this state. You must seek out an attorney that regularly challenges the scientific aspects of the test and the field sobriety tests as well.

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  • I received a DUI in VA, and now live in Pennsylvania. I needed to complete a program in VA similar to PA's ARD. Can I take Ard?

    Can I take ARD here and have it count towards the program in VA i need to take to get my license back?

    Brian’s Answer

    What you should do is contact the person who is supervising you and ask them if they will accept the classes you do in PA but before you do that contact probation in your home county and get them to provide you with a printout if their requirements so when you contact Virginia you have the information ready for them.

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  • Risking Catastrophie/Criminal Mischief

    Hello, I was recently charged with risking catastrophe and criminal mischief for spraying a fire extinguisher in a dormitory hall way. My hearing is with the judge on wednesday and I want to know what to expect. I was under the influence of alcoho...

    Brian’s Answer

    Absolutely get a lawyer and let them do all of the talking. The worst case if you have no prior record is probation but the vast majority of these cases result in either summary violations or ARD. I suggest if you have the funds, that you tell your attorney that you can pay the restitution right away as money in these situations helps.

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  • Warrant question

    Can or is a warrant valid if issued in 2008 using forms that are predated century of 1900?

    Brian’s Answer

    That will not invalidate the warrant. What is important though is when the charges were filed and did the police use due diligence in finding you. This area of the law is very fact specific but if due diligence was not shown and you did not do anything to hinder the police finding you there is a chance the charges can be dismissed.

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  • I live in pa does a probationary license let you drive freely through the assigned hours or is it like a oll

    Can I drive when ever I want through 6am to 7pm or is it just to and from work like a oll

    Brian’s Answer

    For the first three years you are limited to driving between 6am to 7 pm and you can't drive a commercial vehicle. However, you can negotiate the driving times with Penn DOT as they recognize not everyone lives a 9-5 lifestyle.

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  • DA attitude and approach to a DUI case

    I always wanted to know how a DA approaches a DUI, considering there is so many of them and most of them never end up in a trial or pretrial motions because the defendant seems to always plead guilty. It seems there approach is like “cut, copy and...

    Brian’s Answer

    You are absolutely correct that DAs think all DUI cases are the same. That is why when someone is charged with a DUI they need a lawyer who specializes in defending them using science as well as the law.

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  • In dui cases the rule 600 starts when? when the police report is filed or the blood work comes back from the hospital?

    I got pulled over and taken in for blood work on 11,2,2010. However i didn't get chargered till 03,14,2011 and on the paper work it said the officer got the results from the lab 12,9,2010. Now it's Jan 2012 and i still haven't gone to trail yet. I...

    Brian’s Answer

    They have 365 days from the time the complaint is filed. If the defendant causes a delay or asks for a continuance the clock stops for that time. Your lawyer should file a motion to dismiss based on Rule 600 but not file it until the 366th day. That way the DA doesn't have time to get you on the trial list or pull some tricks to say it isn't their fault.

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  • Going to trial on a DUI case.

    Why is it the very few people excerise there right to trial for a DUI? In my county none or very little DUI cases ever make it to the trial process, whether its a bench trial or a jury trial. Its almost like the clients are scared into pleading gu...

    Brian’s Answer

    Another reason there are few DUI trials is that there are few lawyers who have the proper training as to the science behind the test done on their blood, breath testing, and field sobriety testing.

    When choosing a lawyer to represent you for your DUI you want to ask them how often they go to trial, do they have DUI specific training, do they belong to scientific organizations relevant to DUI defense.

    These are important questions to ask a lawyer if you intend to fight your case.

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  • Is there a level for metadone marijuna if so what is it i was charged month after accident no one was hurt but me

    i was first charged for driving without license unsafe driving then the charges were withdrawn month later they came back with dui for prescription methadone marjuna which i barel smoke had clean urines previously almost 5 years

    Brian’s Answer

    Was the chemical test done on blood or urine? That makes a big difference as to how to approach your defense. Most lawyers thing if there is a drug result there is no defense. That is an incorrect assumption. There are many scientific and legal defenses to DUI drug cases. You need to find a lawyer who specializes in DUI defense who knows the science and not an attorney who is skilled only in pleading clients guilty.

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