What now? A DUI for Christmas?

Q: I was driving on Christmas Day, at night, on the way to pick up my husband from work. I had a police officer come right up on my car, and pull me over. He was IMMEDIATELY persistent that I was under the influence. I haven’t drunk in 4 years, and I haven’t had any drugs in my system for well over a year. I told him I had nerve damage and have bad balance, and such I failed the old toe to heel walk and was given a blood test. I was then released and went on my merry way (with someone else driving my car, which was not towed, thankfully) after being driven back to my car by the officer.  I am on 2 medications (methadone and Elavil) but have been on them long enough that I am very well adjusted (13 months and 12 years respectively) and am not impaired when I take it. What should I expect from here? (Pittsburgh, PA)

A: As you may be aware, you can be charged for DUI based on a police officer’s observations, and/or based on the laboratory result from your blood alcohol testing. Methadone is a controlled substance, as I believe Elavil is. I will assume you have prescriptions for both. To prosecute, the Commonwealth would have to send your blood to a lab which has the capability of determining if the levels of either narcotic exceeded prescribed therapeutic levels. I have had the Commonwealth continue preliminary hearings with these cases numerous times awaiting these lab tests but have never seen a conclusive test. I would not treat this lightly and get prepared. First, contact a lawyer. Secondly, do not make statements to police if they contact you. Third, obtain copies of your past 6-months prescriptions from your physician to show that you are maintaining a legally prescribed dosage and not abusing medication. You can also talk to your doctor about the situation and see if he will draft a letter or provide documents that support your physical limitations.

Am I comparatively negligent for having an expired license?

Q: Am I comparatively negligent for having an expired driver’s license? Even if I’m in an accident where the other driver is at fault? Will I be found comparatively negligent for having an expired license? Someone hit my truck but they were hauled away in an ambulance.

A: To my knowledge, having no license or a suspended license or other licensing issues, has nothing to do with liability in an accident case. It can be raised at trial by the opposing counsel in cross examination of you, or admission of your certified driving record at trial

Neighbor’s French-drain causing run-off onto my land

Q: We have property issues with a French-drain system. My neighbor is running his French-drain run off in to my yard, was not to bad unit this past year they did some work on his house and put a sump pump in and now there is a good bit of water that comes out and helps in flooding a lower section of my yard. Is this legal? The property is in Allegheny county, PA?

A: As a first step, express your concerns to your neighbor and see if he will be a good neighbor and voluntarily remedy the situation. Secondly, you may want to contact your local zoning ordinance person. You need to confirm if there is a local ordinance which prevents this. Thirdly, if you get nowhere with the neighbor or municipality, contact a lawyer. you may have a civil suit as I am fairly sure that landowner cannot create a situation which causes water to run onto landowner property. The last I checked there was common law on this subject. The lawyer may be able to settle it with a letter or put pressure on the local ordinance enforcement person to take action.

Will these traffic offenses show up on FBI background check?

Q: I have recently been charged with “Careless Driving” and “No Passing Zone”. This is the first time ever I have been guilty of anything. I was never drunk, nor arrested or fingerprinted or anything. The fine came in the mail because at the time cop pulled me over, I couldn’t find my registration. Anyhow, I am a medical student so I was wondering if it would show up on FBI background checks? Would it hinder my employment? This happened in the state of PA.

A: Most traffic offenses, such as these two, are not considered criminal offenses in PA. They will not show up on a criminal record check with the PA State Police. They will show up on a PA driver’s record, but again, they are not crimes. Please be aware that some no passing zone type offenses carry a driver’s license suspension that is not listed on your ticket, and is a separate matter handled administratively by PennDOT. Many times the unsuspecting motorist pleads guilty by mail and sends his or her money in, only to learn weeks later that PennDOT suspended his or her license. I would check to make sure this “No Passing Zone” offense does not involve school zones, school buses, construction sites, and other situations that may trigger such suspension. You should consult with a lawyer about the specific statute citation for which you are charged.

 

With a M1 theft by deception, may I buy a firearm In PA?

Q: I called the sheriff department explain the charge and told him I was denied a license to carry permit. Could I still purchase a firearm, he stated that I could. So, I was just following up on his statement, better safe than sorry.

A: Do not rely on police officers, deputy sheriffs and gun store employees regarding the specifications of the PA Uniform Firearms Act. Very few of them know the nuances of this rather complicated statute. If you have any prior criminal conviction greater than a misdemeanor 3 you are barred from possessing a gun under federal law and therefore barred under the PA Firearms Statute. If you are not sure that you were guilty of an M 1, obtain your criminal history from the PA State Police.

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. Her mother doesn’t want her but there is no proof of that. When she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412-391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, get involved now.

 

Can I get PennDOT to grant me concurrent driver license suspensions?

Q: Is it possible to get my consecutive suspensions to run concurrently? My license is suspended and I am reviewing my restoration requirements. I have 4 charges of driving on a suspended license, producing 4 suspensions of 1 year each. Plus, a drug delivery charge yielding a 6-month suspension.  I have already served a year in jail and 6 months on probation, but can hardly imagine my future if I must wait 4.5 years to be allowed to have a license again. Is there any chance that some action I could take, or with representation that is affordable, I could somehow get this significantly reduced, perhaps so that my consecutive 1 year suspensions could run concurrently?

A: PennDOT does not run driver’s license suspensions concurrently and the court has no authority to do so as it an administrative procedure. You may be eligible for an Occupational Limited License if the suspensions are not DUI or drug related. The PennDOT website has information on the OLL procedures.

I want to get mom’s house in my name but there are many legal issues

Q: My 83 yr old mom is in a health care facility and I want to get her home. There are many legal issues I need advice on. In January, our three story home suffered severe water damage by thawed water pipes in the attic and its taken four months to get the damaged materials out (inc. lead materials). I was sent a check payable to mom & her mortgage holder. I don’t know how to be sure that we’re getting contractual entitled benefits. I believe that there are circumstances going on that I don’t agree with. I need help to understand how to get the benefits she’s entitled to. FAST!! I’m in search of contractors now. They will be replacing walls & floors, possibly all appliances, for 3 floors in the back half of the house. That’s a lot of work. I just don’t know what detours the insurance company will send me to get everything

A: More information is needed. As long as mom is competent, and it is her desire, she can transfer ownership of her house to you by signing a deed. However, there other issues lurking out there that you need to be aware of. If she is receiving Medicaid, or may likely need to apply for Medicaid within the next 5 years, a transfer of the home to you for under fair consideration could result in her being ineligible for Medicaid. Plus, this is mom’s home. She may need to sell the home to pay for nursing care. Does she want you to have the home even if it means she cannot live comfortably in a facility of her choosing? In addition, mom will lose her Homestead Act exclusion for real estate taxes as well as any senior citizens discounts. Furthermore, is mom aware that any judgments against you will result in an automatic lien on the house if it is in your name? If you are having difficulty in dealing with insurance people and contractors, you may want to consider having mom sign a Power of Attorney over to you, either a specific POA or a General Durable POA, assuming she is competent. I think you could benefit greatly by consulting with an attorney.

 

90 year old deeded me his two houses.

Q: I take care of a 90-year-old man. He gifted me his 2 houses. His children are suing me in probate to get the houses back. But now they filed a removal petition on me. My question is my name is on the deed can they have me kicked out of the property. (Versailles, PA)

A: Yes, it is possible that you can be removed from the home if a court order states to so. It is possible that the deed could be vacated or rescinded. You would be notified of the hearing and allowed to participate as a party. The children would have to prove in court that their father deeded this home to you when he was mentally incompetent or that you exercised some sort of extreme influence or coercion over him to get him to sign the deeds. You really should consult with an attorney to see if this is defensible. Criminal charges for elder abuse are a possibility. It may not be an easy case for them to prove in court.

Can I keep my family from knowing about my expungement?

Q: How can I keep an expungement secret from my family? Expungement of Possession

A: Not enough information to really answer but if you are filing to expunge a previous conviction, no one should know except you, your attorney, some of the employees in the court office who take the filing, the Assistant DA who handles it and employees in the State Police Office. You should not have to go to court. It is not published to the public, or advertised, or listed on the docket. It is a relatively private proceeding. Plus, don’t tell anyone.