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DUI Defense

What If The Witness Doesn’t Show Up At My Preliminary Hearing?
  • Published: July 23, 2020

Clients often ask me, “What if the witness doesn’t show up at the preliminary hearing? Will the case get thrown out? Will the charges be dismissed?” The courts in Philadelphia, PA have long recognized that a preliminary hearing or probable cause hearing is an important step in the criminal justice process. In the Philadelphia Court of Common Pleas, there is a long-standing practice of dismissing charges if a witness does not show up at the preliminary hearing. However, the counties surrounding Philadelphia, PA such as Montgomery County, Bucks County, Delaware County, and Chester County have, up until recently, treated preliminary hearings as nothing more than a formality and matters…Read More

Pulling Over on the Side of the Road is Not Probable Cause for DUI Arrest
  • Published: March 13, 2019

The Pennsylvania Superior Court recently decided the case of Commonwealth v. Jerome Hampton. This case is good news for privacy rights and the 4th Amendment throughout the Commonwealth. In short, the Court held that pulling your car or parking on the side of a road is not probable cause for a DUI arrest. Facts of Commonwealth v. Hampton In the instant matter, Mr. Hampton had pulled his vehicle over by a grass field in Montgomery County Pennsylvania. The officer, seeing the vehicle, pulled in behind it to investigate without lights or sirens activated. Mr. Hampton had turned off the vehicle and he and a young lady exited the vehicle.…Read More

DUI Law Update: What happens if I Consent to a Blood Draw in Pennsylvania*
  • Published: November 21, 2018

It’s late at night. You’ve been stopped by the police. O No! you didn’t drink anything but smoked a little marijuana earlier in the day. Relax. Cooperate. Make the officer feel at ease. License and Registration? “Sure, Officer.” “You need me to go back to the station with you? Why? Blood draw? What’s that? I didn’t do anything. I hate needles!” What should I do? What’s this form? “If you don’t consent, you will lose your license for 12 months.” “ But Officer, I don’t want to have a blood draw is there another way? “No, you have to do it or your driver’s license is gone.” Ugh, I’ll…Read More

What to Do If You Are Pulled Over for Driving Under the Influence
  • Published: April 1, 2018

Being pulled over by an officer for possible drunk driving is a tense situation. It is easier for a person’s nerves to get the best of them. This nervous energy could be misinterpreted by the officer as an indicator that you have been drinking and driving. If you are facing driving under the influence (DUI) or driving while intoxicated (DWI) charges, hire a Philadelphia DUI attorney immediately.  Do not make the mistake of speaking to an officer without an attorney present. You may incriminate yourself if you speak without consulting an attorney. Let us do the talking for you. Stay Calm If you are pulled over for suspected DUI/DWI charges, make…Read More

PA DUI Mandatory Minimums
  • Published: January 7, 2018

Mandatory Minimums for PA Driving Under the Influence Mandatory Penalties for First-Offense DUI Convictions: Tier I - General Impairment penalties (Undetermined BAC, .08 to .099% BAC)  No prior DUI offenses ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered 1 prior DUI offense ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock 2 or more prior DUI offenses 2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock The…Read More

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