that was my first offence,never got in troubles before that , my lawyer should of asked for ARD to help me expunge my record,some how it didn't happen.i started new career, and sealing/expunging the record will help improve the opportunity of gett...
Unfortunately, no. The new law that permits sealing of a record does not apply to M1 offenses. Expungement is not available until you are 70 years old AND being crime free for a period of 10 years.See question
I got to the gas station for some gas, the cop pulled behind me with his lights on because my brake light went out so he came to my window telling me the reason i got pulled over. Then he saw a bag of marijuana, it wasn't close to a gram and so h...
As stated above, every lawyer has their own fee schedule. Most, like me, offer free consultations. Some, like me, offer free online DUI Case Evaluations. In other words, there is no risk in talking to a lawyer to find out what the fee would be.
I practice regularly in Franklin County. In Franklin County, the DA is very strict with respect to DUI. That being said, there are diversionary programs for first offenders if the case cannot be won for any other reason (for example, Probable Cause to Stop). DUI has a number of other potential defenses and is unique from traditional criminal defense. Therefore, you should find an attorney who regularly practices DUI Defense in Franklin County.
Therefore, your fee would depend on the nature of the charges, the difficulty in defending the case, the number of prior offenses (if any) and other factors. However, most lawyers will spell out the fees for you.
The best thing you can do now is contact a defense attorney to assist you.See question
It was not suspended for a DUI, but I was caught driving drunk all times under a suspended license.
Under Section 6503 of the Vehicle Code, a mandatory minimum sentence for DUS under Section 1543(a) is 30 days and a fine of $1000.00 if it is your 6th or subsequent offense. The maximum sentence that may be imposed is 6 months. For offenses number 2 through 5 you are subject to possible incarceration up to 6 months.
If you are charged with driving while suspended DUI-related (1543(b)(1), the minimum sentence is 60 days, regardless of the number of prior offenses, if any.
If you are charged with driving while suspended DUI-related and your BAC was above a .02% (1543(b)(1.1), the minimum sentence is 90 days, for your first offense and increases after that.
If you are charged with any of these offenses, you should consult with an attorney.See question
Accident was on 6/30/16. The charge came in the mail on 10/14/16 and says alcohol level was .06 and the legal limit in pa is .08.
You can be charged under Section 3802(a)(1) with DUI even if your BAC is below .08%. As an attorney who regularly practices in Dauphin, Lebanon, and Lancaster Counties, I can tell you that those counties are strict with respect to DUI charges.
While an accident is not conclusive evidence of being "incapable of safely operating a motor vehicle," it is a factor in the Court's determination. With respect to the BAC, there may be an argument that the blood is no longer available for retesting and, as such, prejudice is inherent. Having an experienced DUI defense attorney, who not only knows and understands the Rules of Criminal Procedure, but also DUI law and science, you may have a valid defense.See question
Got caught taking a leak. My lawyer said plead guilty to disorderly conduct. Is 5503a4 a summary offense. I live in PA/
It can be both a summary or a misdemeanor. Based upon your statement, it is likely a summary offense.
If the offense occurred more than 5 years ago, you may be able to have the conviction expunged.See question
I was involved in an auto accident, I was questioned by a police officer immediately following said accident while I was still being treated at the scene in an ambulance. The officer asked me how fast I was going, to which I responded "about 40 to...
You can plead not guilty and request a hearing. You can testify on your own behalf that your statement was induced by your concussion.
However, the government is not required to prove you traveled at a particular speed. Rather, the government need only establish that you drove "at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, or at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead"
It may be worth your while to go to the hearing and ask for another charge that does not carry the 2 points that this charge carries.See question
I got into a serious automobile accident they took blood from me I had used drugs on that Friday and the accident happened on Sunday morning I know it will show up in there testing they did not charge me at that time how long will it take before I...
This appears to be your third or fourth question regarding this matter. Do yourself a favor and talk to a DUI lawyer ASAP. Most offer free consultations and case evaluations. The time is now to prepare your defense.
Charges will be filed when blood results are returned.See question
I was involved in auto accident I was knocked unconscious they took my blood is that legal
When blood is drawn, there are a number of important issues that can affect the outcome of your case. For example, if the blood draw was performed for legal purposes, it will be sent to NMS Labs or the State Police lab and subject to testing by Headspace Gas Chromatography. However, if the blood draw was for medical purposes, it may be tested using a serum testing. This lacks the same scientific accuracy as the HGC Testing. Moreover, the police have to obtain a warrant before securing the hospital records.
There are a number of defenses to DUI. Not all are available in every case. The most important thing you can do is to consult with an experienced DUI Defense attorney who is familiar with York County procedures. More importantly, make sure you have an attorney who understands all of the legal and factual issues that arise in a DUI case.
Speak with a number of attorneys. Most offer free consultations. Hire the one you feel gives you the best chance at achieving a realistic and positive outcome.See question
Sitting at red light, was hit from behind full speed, caused collision with car in front of me. Defendants car and my car totaled. Rushed to the hospital with concussion, back, neck and shoulder injuries including disc herniation. Received therapy...
It is common for the defense to demand a jury trial in every case, even those where liability is clear. This is a procedural move that has little to do with the actual trial. If a party fails to demand a jury trial at the first possible opportunity, the party loses the opportunity to later request a jury trial.See question