Tag Archives: DEFENSE

DUI on 6/3. He wants to Plea. I say NO!

Q: 1st DUI was over 10 years ago. The charges are 1. 75 § 3802 §§ D2*, 2. 75 § 3802 §§ D1ii* He already pulled off the road as he did not feel right, the police pulled up. He failed a test, allowed a search and was taken for blood work. He is on meds, psychiatric & suboxone. He took something else too, possibly. He wants to plea at bail hearing.  I say NO WAY. He was not read Miranda. Something medically happened around the same time. He has been diagnosed with “drop foot”(our hospital sucks! all they did was look at his foot and sent him for a foot brace. It took 15min! I got him in Pittsburgh’s Rooney Concussion Clinic to find out why this happened. He has suffered ALOT of head trauma (three 3rd grade concussions in the 6 years we have been married). I noticed his memory not working. We went to get new tires; he drove to the wrong place! He swore it was one name; when the actual name was way off and many other things with his memory, his gait, etc. I feel he shouldn’t plea. I say go for trial and take all medical docs showing there was/is a serious med issue that may support his case? (Greensburg, PA)


A: The only way to determine if “he” has a defense would be to gather all of his medical records, medical history and police reports and have them reviewed by an attorney. I have had cases in the past where someone wants to credit under the influence like behavior to prior existing injuries, over-prescribed medications, and other external factors. You will need a physician’s help as well. You do not mention a blood alcohol test. Was there one performed? If so, what were the results? In addition, one can be arrested without Miranda rights being given. Miranda protections only apply to situations where police question a defendant in their custody. Given the burden of proof of all the defenses you raise (brain damage, medications, etc.) and expense you may have in defending this, you may want to consider ARD if it is offered.

DUI, DEFENSE, MEDICATIONS, MENTAL HEALTH, ARD

Can Discover card sue me, get a judgment, and lien my house?

Q: What exactly can they do? Wise to attend the magisterial hearing sans defense? It is an unsecured debt. I have no viable defense I’m aware of. The magistrate may have mercy as she knows me. The attorney for Discover is from NY. (Pittsburgh, PA)

A: Once an award is obtained from the District Justice, it can easily be turned in to a judgment. Once it is a judgment it acts as a lien on all real estate you own. It is possible that the company will go further and execute on personal property (cars, namely) or real estate (your home). Often there are defenses to these credit card law suits. I would review the paperwork with an attorney. The attorney from New York will likely have local counsel represent the company.

Do I have to pay the medical bills? Will my dog be put down?

Q: I have a dog. He was at home when my brother had his friend over. The boy went and provoked the dog by taking away his good dish while he was eating. The dog, out of defense for his food, bit him in the side of the face. The people are threatening to put him down and want me to pay 3 large in hospital bills. The wound became infected because it was not treated properly causing them more hospital visit making the bills rise. (Pittsburgh, PA)

A: You may eventually have to pay medical bills, but do not let these idiots bully you into putting your dog down. It should not be a trade-off. It has been a while since I defended a property owner on dog bite case, however my recollection is that they would have to prove this animal had vicious tendencies, you knew it was vicious and it attacked unprovoked. Certainly not the case here. In my case, the dog bit a girl who stuck her head in the closet where the mother dog was nursing new born pups. Find an attorney that will help you-one is out there. I don’t know if you have been cited with a citation under the PA Dog Law, or just threatened with a civil suit. Call Animal Friends, and any other organization who stands up for animal rights. They may be able to refer you to someone. For them to get you to pay 3K in medical bills, it will take a law suit and at least a year. You have some defenses if there is a lawsuit in that the dog was provoked. You might win. You have some time. Also, if you have homeowner’s insurance, report this as soon as possible. There may be coverage for you.

Do final PFA hearings always end with the PFA remaining?

Q: My boyfriend recently put a PFA on me. We got in a fight about me not wanting him to go somewhere with me. He went anyway and was mad when I wasn’t there. He screamed and called me names. I tried to explain but he would hang up and changed his number and blocked my emails. The day before he got the PFA he invited me over and told me he loved me, and we had sex. What he wrote on the PFA paper was about events from our past and a long time ago. I really don’t want a PFA on me or my record. I’ve never been in trouble before. Do you think there is a chance it could be dismissed? I have no desire to ever speak to him again. (McKeesport, PA)

A: No, final PFA hearings do not always end in a PFA Order against the defendant. Sometimes the case can be worked out to a civil agreement, sometimes the plaintiff withdraws the PFA and sometimes the PFA is denied by the judge after hearing testimony. You will do better with an attorney. He may have one appointed for him because he is the “victim”. Based on what you say, a judge should not find in favor of him. If you cannot afford an attorney, do the hearing yourself and just tell the judge your side of the story.

What to do if your arrested for a crime you didn’t commit?

Q: I was arrested for supposedly forging someone’s name and theft by deception. They say I went to a jewelry store with a yellow slip and picked up a ring and signed the victim’s name. They showed the victim a picture. She snapped a picture with her phone, then posted it to social media. She then supposedly received a message from me on social media, but I never sent any message. because of that message told the officer my name. The officer then looked through JNET and PennDOT to finds my picture and he says it matches the person in video. But I have an alibi for that day. (Wexford, PA)

A: You can be arrested on another person’s word and belief that you committed a crime, even if you didn’t. I advise you to make no statements to anyone, not only police, but anyone. Also, gather your evidence and preserve it. If you have an Alibi defense in that you were at another location in the company of others at the time, get those persons names and contact information and any other evidence including video, time cards, receipts, etc. If the mistaken identity defense does not knock the case ouy early on, there is some interesting law on the use of social media as evidence that you may benefit from. Most importantly, get an attorney and share all the information with him or her. If you cannot afford one, sign up for the Public Defender.

Will I go to jail for a first offense misdemeanor?

 

Q: I walked on train tracks and Port Authority police were called because I was told to get off due to a trolley coming. I got off but got back on after it passed. I was depressed and confused. They told me I wasn’t getting charged, until I got papers in the mail and found out. I’m 18 and people are scaring me saying I might be put in jail for this. It is considered defiant trespass. I was a bad juvenile when I was younger with a record but this is the first thing I’ve gotten charged with at 18. Do you think it’s likely I’ll be put in jail? I went to talk to a psychiatrist at a hospital that night because I knew that’s what I needed. I’m just worried because Port Authority is serious and has good lawyers. (Pittsburgh, PA)

A: One cannot be convicted of “Defiant Trespass” unless there is prior notice to the defendant such as a previous verbal warning or posting of a sign. This should not be a jail case if defended properly, which will be accomplished better with legal representation. If you were my client, my goal would be to get you out of this with no conviction. It would require you to get a mental health evaluation and follow any recommended treatment before your court date.

My daughter was cited with underage drinking at a party but she was not drinking!

Q: My 17-year-old daughter was cited tonight for underage drinking at a house party. The cop said she wasn’t drinking. She will lose her license and be fined. Do we have recourse?

A: I believe the statute (6308) applies to possessing, transporting or consuming. If she did any one of those she can be cited. Many times, officers cite all the kids at a party, even when they don’t have evidence against all of them. If the officer will state the she didn’t drink, possess or transport the alcoholic beverages, he may withdraw the citation. She may have a defense if he does not. Whatever you do, do not have her plead guilty. As you already know, being found guilty of this summary non-traffic offense will result in a driver’s license suspension and will remain on her record for five years before she can expunge it. If she has no defense, there is a program (if offered) for first time underage drinking offenders that will involve the charges being withdraw. (Munhall, PA)

What can I do about this parking citation?

Q: I received a Citation/Summons today left on my car windshield for an apparent parking violation while I was at work. In line #26 the “Statute” option is checked, and PAVC is written in the line. #29 “Fine” 50 written, line #32 “Costs” has 38.50 written, and Line #33 has 10.00 written. Line #34 “Total Due” has 98.50 written. The Defendant Name is not mine, nor is the Defendant Address. The Vehicle Registration Number in line #11, the make in line #14, and the color in line #16 indicate my car. My car was parked directly outside of my apartment, with two wheels on the line of ground between the sidewalk and the curb. The whole street parks in this same manner, as the street is not large enough to allow traffic otherwise. This is not an exaggeration, I have a picture showing every single vehicle in front of and behind mine parking in this manner. Even with cars parked this way, traffic is to slow when two vehicles approach each other because of how narrow the street is. It is a two-lane street with buses and large semi-trucks operating on it day and night. The car behind mine had two wheels parked in the middle of the sidewalk, farther on it than my car. I saw no citation on theirs.

A: Plead not guilty and take your photos to court and fight it. You can hire an attorney as well but the legal fees may not be justified economically given the penalty you will be subject to if you should lose.

Can I fight an obedience to traffic control devices ticket for speeding?

Q: 71-mph in a 45-mph zone. There is no information on the citation regarding any speed timing device that was used to calculate my speed.

A:  You can always fight a traffic ticket. The issue is whether it is worth the time, effort and money balanced against your chance of winning. A lawyer would need to know more facts to give a thorough opinion, so I suggest you consult with one. My question is, if you were only cited with failure to obey a traffic control device, (red light, yield sign, whatever) which carries no points or license suspension and a small fine, why would you fight it? If you truly believe you are innocent, have a good driving record and some sort of plausible defense, plead not guilty, go to the hearing and tell your side of the story to the judge.

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.