Category Archives: DUI

Can I fight an underage DUI for sleeping in my car ?

Q: I arrived at a college and parked my car, drank all night at a party and returned to my car to sleep because I wasn’t allowed in my friend’s dorm because it was too late to check in. I was woken up while my seat was reclined and I was dead asleep. The only reason my keys were in the ignition is because it was too cold and I needed the heat. The car was never running at any point. I was never breathalyzed and was taken straight to the hospital for blood tests. Is there a way to get this reduced to just an underage? I was never driving my car! (Pittsburgh, PA)

 

A: There is much case law on this subject and the issue boils down to whether you were in physical control of the car. In a lot of these cases, the car is running and the DA argues that the passed out driver could have awakened from their stupor, bumped the shifter, and set the car in gear thus creating a dangerous situation. The fact that the car was not running in your case is very helpful to you. Unless the police state to the contrary about the car running, you may have a good defense for a trial if the DA will not bargain. You need to review all of the police reports with a criminal defense attorney and have representation at the Preliminary Hearing. Have the testimony recorded. You may be ARD eligible if your defense is weak or you cannot stomach a trial.

Drug DUI charges

Q: I got stopped for expired tag, I didn’t drive faulty and obeyed all traffic laws, officer noticed that I had slurred speech and saw bruises all over my body and mud. He also noticed that I couldn’t follow directions he asked me to do hgn test 6/6 cues then did walk and turn 8/8 cues and 4/4 cues on one leg stand there was a small rain shower while the tests was performed. I am prescribed glasses but wasn’t wearing them that day. I stumbled several times while being placed under arrest and made strange comments at times when I got to the station an EMS drew my blood which tested positive for phenazepam and mitragynine the exact concentration of the drugs was not provided. Can the government provide this state beyond a reasonable doubt in your opinion?

A: You can be arrested for DUI if in the officer’s opinion, it appeared that you were incapable of safe driving due to being under the influence of alcohol or a controlled substance. If your testing came back with a controlled substance in your system, there is probably sufficient cause to arrest you. Provided however, they will need to prove that you had no prescription for the drug in your system or the level in your system was beyond the therapeutic level. The last time I visited this issue the Commonwealth had to send the blood work out to an independent lab and call and expert for trial. You should see an attorney about this as you may want to contest this until you see the proof.

Can I get ARD in PA, if I had ARD in NJ?

Q: I was charged with possession of a small amount of weed in my car. My friends and I decided to get out the car to go to a gas station and someone had called the police because my friend was intoxicated. We were not in the car but a light was on in the car and police officer told me to shut it off I opened the door and police officer smelled the weed in the car. I told them it was mine even though it wasn’t to get the people I was with off the hook. I have a previous DUI in NJ where I go to college but none in PA. I took some DUI classes in NJ and paid the fines. Now I have a possession of marijuana charge in PA. It is my first and I want to get ARD program for it? Also, since we were not driving nor in the car, can my license be taken away? I am a college student and I work so I need to get back and forth. What should I do?

A: You really need to review this with a Criminal Defense Attorney in your area. You may have enough of an illegal search defense to push the police into turning this into something that does not result in a criminal conviction if just outright asking them to cut you a break doesn’t work. You may not be able to get ARD as you have had it once in NJ and you cannot get ARD for a drug case in PA. If you cannot get it withdrawn at the Preliminary Hearing, or turned into a summary offense like Disorderly Conduct, your next option would be to receive Probation Without Verdict (PWV) at the trial level which will not result in a conviction. However, be aware that some county DA’s will not offer PWV if you have had a prior ARD for DUI. Your goal is to get out of this without a record which is more difficult since it is your second time at the plate. If you are offered to plead to a Disorderly Conduct summary offense at the Preliminary Hearing. However, a summary conviction will stay on your record 5 years before you can expunge it, assuming you can stay out of trouble. Again, your chances of minimizing your damage will be better with an attorney.

What am I facing on this DUI?

 

Q: I live in Baldwin Twp. but got a DUI, .247, in Washington PA. What will I get?

A: 1st offense, 72 hours to 6 months plus probation, court costs and fees and a 1.5 year drivers license suspension. 2nd offense, 90 days to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. 3rd offense, 1 to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. Your 4th offense, another 1-5 and the all the toppings. However, if you qualify for ARD, you receive no jail time, no criminal record and a 60 day driver’s license suspension. You will have a couple thousand in court fees and costs with ARD. I would see an attorney. There are house arrest and jail work release options to regular jail in Washington County. Hope this helps. Those are the general ranges of sentences, but there are variations so you should consult with a lawyer as soon as possible.

Q: Can a cop give me a DUI on my own residential property?

Q: Cop pulls up on my land while I was sitting on my ATV, not running, on my residential property. He said he had noise complaint, and took me to jail towed my ATV (busted a wheel lock) and charged me with driving under the influence. He didn’t give me a breathalyzer till 1.5hours later.

A: Being on your own property and not on a public road may be a defense. The vehicle not running may be a defense. He has two hours to have your blood tested to meet a prima facie case. You should hire a lawyer to gather more facts and prepare to plead not guilty at your Preliminary Hearing if he or she thinks you have enough of a defense to challenge the evidence.

Friend arrested for DUI in the driveway

Q: My friend is going through the process of his second DUI. He is not convicted yet. He was sighted again this past Sunday for a possible dui and possession of a controlled substance. What happened was he was drunk at a friend’s house, his phone died so he went to charge it in his truck. This was a private driveway. The cop approached told him to get out of his vehicle (private property) proceeded to search him without consent. Mind you this is the same arresting officer from the second DUI, and he hates my friend.

A: Hire an attorney and fight the case. If the vehicle is still in the driveway, without the engine running and he was not attempting to drive, you may have a defense. These cases are tricky and can turn on the smallest details. However, it sounds like he may have an operability defense, a defense of the vehicle not being on a public street and perhaps even probable cause.

Friend arrested for DUI in the driveway

Q: My friend is going through the process of his second DUI. He is not convicted yet. He was sighted again this past Sunday for a possible dui and possession of a controlled substance. What happened was he was drunk at a friend’s house, his phone died so he went to charge it in his truck. This was a private driveway. The cop approached told him to get out of his vehicle (private property) proceeded to search him without consent. Mind you this is the same arresting officer from the second DUI, and he hate my friend.

A: Hire an attorney and fight the case. If the vehicle is still in the driveway, without the engine running and he was not attempting to drive, you may have a defense. These cases are tricky and can turn on the smallest details. However, it sounds like he may have operability defense, a defense of the vehicle not being on a public street and perhaps even probable cause.