Tag Archives: DUI

Got a notice for an ARD violation notice, what can I do?

Q: I got a first-time offense DUI and was accepted into the ARD program. I haven’t paid off my fines and I still need to take one class. I have one month to my court date. If I pay off the rest of my fines and complete the class before I go to court can I possibly not get my ARD revoked? Should I contact my PO tomorrow to see if they have any advice, or is it too late to call them? (Pittsburgh, PA)

A: Yes, in Allegheny County, all is not lost, especially if you have a month to get it together. You need to be proactive and get everything done. Call your PO immediately and give him your spin on your recent financial difficulties. If you pay and complete your class before the hearing, and the PO still wants to go through with the hearing, you should probably take a lawyer to court. You don’t want to have your ARD revoked because it is a one-time deal and will prevent you from having a record.

Is Birchfield being applied retroactively in Allegheny County?

Q: Believe it or not I was convicted of 5 first-time DUIs that occurred in 2012. It was a bad period of my life, mostly due to an insane ex who knew the cops and set me up. Coercion to plead guilty occurred. Is Birchfield applied and in what manner? Can I get a revised sentence or new trial? (Pittsburgh, PA)

A: Forget about it. Birchfield v. North Dakota cut some breaks to many DUI defendants in 2016. The case is only applicable to cases that were pending trial or on direct appeal at the time of the decision in June of 2016. Your offense occurred in 2012 and therefore is not inclusive in the scope of Birchfield.

Question about act 122?

Q: Can you complete act 122 without the parole office? I’m not on parole, also what is 21cf sent to PennDOT versus act 122? (Pittsburgh, PA)

A: You receive Act 122 clearance once all your drug and or alcohol treatment has been completed and all fines have been paid. You need to tell your probation officer. The DL-21DF is a PennDOT form which is sent by your County Clerk of Courts to notify PennDOT that all costs and fine have been paid. You can also call the Allegheny County Clerk of Courts and ask to speak to the Act 122 person.

I got three DUIs. Will I get more time for the third one?

Q: I got two DUI charges in Allegheny County with probation. My first DUI was for controlled substance, second for alcohol. I was on probation in Allegheny. I received third DUI for alcohol in a Beaver County. How does that affect my charges and sentence? (Scott Twp., PA)

A: I suggest an attorney. Perhaps one that handles cases in both counties. If you have three pending DUI’s and have not been convicted (pled guilty or found guilty) of any one of them, then they are all considered first-time DUIs. This means obviously the sentence range will be lower. However, a judge will take note that you have three pending DUI’s even if none are considered prior to the others and add a little time to your sentence. As far as probation is concerned, obviously, your probation judge will not be pleased that you committed three DUIs on his or her probation. You could possibly be detained by the probation judge and sentenced to jail time.

Can I purchase a rifle, pistol, or get a carry permit?

Q: Can I purchase any of these with just a DUI and sSmple Assault misdemeanor on my state police background check that I ordered by mail?

A: I would have to look at the PA State Police criminal history record, but, I would think not, if either of those offenses was graded as a misdemeanor 2. A prior conviction for a Misdemeanor 2, will disqualify you from possessing a firearm in PA.

If driving privileges are suspended in PA from DUI can I legally drive in PA with a NY license?

Q: I have a NY driver’s license from when I was in the Army. I was wondering if I could drive legally in PA with the NY driver’s license. Also, I got my DUI back in 2014. I have now heard that a warrant is required to take blood from DUI perpetrators. They didn’t have a warrant for my blood, so can I fight it? My license in PA is to be suspended for 18 months. I have completed 14 months out of the 18, is there any way I can get my license back earlier? (Carnegie, PA)

A: If a PA driver’s license suspension is in effect, the notice of suspension will be sent from PennDOT to the NY Department of Motor Vehicles. Most states are signatories to an interstate compact act and have reciprocity with driver’s licensing matters. You can probably call the NY State DMV to be certain. As far as the requirement of police to obtain a search warrant to obtain blood from a hospital, Birchfield v. North Dakota was a 2016 case and therefore does not apply retroactively to 2014. As far as getting your license back early, it is doubtful, but you can file for an Occupational Limited License on the PennDOT website. My question is why in 2017 are you still under suspension? You may want to get a Restoration Requirements letter and your driving record from PennDOT. You may also want to call the Clerk of Courts to see if there is any probation condition you have not fulfilled to make yourself eligible to restore.

Warrant for unpaid fines

Q: I had a DUI in PA I was paying my fines perfectly. I took a better job offer and moved to Colorado. The job didn’t work out as expected and I fell behind in my fines. I managed to get an even better job and inquired how much was still owed. They said I have a warrant for unpaid fines. Would it be a better idea to call the court there and explain my situation or turn myself in here and see if PA even wants to extradite me wouldn’t that end the warrant?

A: You may have a bench warrant. This will sit there forever unless removed by the judge who signed it. Turning yourself in on a warrant may result in you sitting in jail for weeks in CO before PA refuses to extradite you. First, you may want to call your probation officer or the probation department in that county in PA to see if this can be cleared up by a payment. It may or may not work. Next, I would call your attorney in PA or hire an attorney in PA to see if it can be handled through a motion. To have a better chance of removing the warrant, a substantial payment may need to be made. Full payment of all costs, fines and restitution may put the whole matter to rest. Follow your attorney’s advice

If someone has a record from another state will they get more time here?

Q: If someone has a criminal record that includes possession of substances in another state but then incurs the charges below in Pennsylvania will they be able to avoid jail time with a public defender? The person in question does have a valid diagnosis and prescription for the pain killers on hand. Does this seem like definite jail time or could a public defender offer a plea without jail time? Should a private attorney be retained for something like this?  Here is the list of charges recently incurred:  1 35 § 780-113 §§ A16 M Int Poss Contr Subst By Per Not Reg  2 35 § 780-113 §§ A31I M Marijuana-Small Amt Personal Use  3 35 § 780-113 §§ A32 M Use/Poss Of Drug Paraph  4 75 § 3802 §§ D2* M DUI: Controlled Substance – Impaired Ability – 1st  Offense  5 75 § 3301 §§ A S Fail To Keep Right

(Acme, PA)

A: No one can answer this question with any precision as much more information is needed. For example, whether there are any defenses, what the sentencing guidelines are, the position of the police and the DA. As far as a general prognosis, having prior possession of controlled substance charges and new DUI and drug charges, which according to you, are misdemeanors, this person most likely is not looking at any serious jail time. If handled correctly, this person could receive a probation sentence which will address drug counselling and rehabilitation with a negotiated plea. The prior out of state conviction will count toward his or her prior record score. The county DA will examine the other state prior charges and weigh them in accordance with the most similarly graded PA crimes in arriving at a prior record score. If the person is out on bond, it is important that they are involved in treatment and stay in treatment before they go to court.

My son’s father just got his 2nd DUI

Q: My son’s father just got his second DUI. The first was pretty bad. He had a fleeing and eluding charge that was dropped to a misdemeanor in exchange for 2 months in jail on work release. This time he crashed into someone’s garage, totaled his car, damaged the homes garage and both vehicles inside it. His BAC was a .167 the 1st offense. This time it’s a .141. He has a relatively long criminal record. With a public defender (or per se) how much time could he be facing? (Kittanning, PA)

A:  A second DUI with a BAC between .10 and .159 calls for a minimum sentence of 30 days in jail. Not every county handles their DUI sentencing the same. In the larger counties, there generally are more options for alternative housing and electronic home monitoring. His prior sentence will probably foreshadow his new sentence so if I had to guess I would guess he may get 6 months in jail with some portion of it being work release. He will also have another driver’s license suspension, at least for one year. You really need to talk to an Armstrong County DUI attorney for a more specific answer.

Can I get a charge dismissed for BUI with recordings of FSTs and a BAC of 0.083?

Q: We were stopped by a WCO standing on a dock around sunset for not having our stern light out as we were returning to our dock. WCO checked all safety features with no other violations on the boat. We complied with everything. There were 2 passengers with the driver. The WCO saw open beers on the boat and asked if we had been drinking and we said Yes. He then asked the driver to get off the boat and initiated 3 field tests which we recorded on our phone. It appears that he passed the tests. After the third and final test, the WCO shook his head and said “good.” he then proceeded to a preliminary breath test so driver asked if he has failed the field tests and the response was “I’m going to be honest, you are right on the border” After the prelim breath test, he placed driver under arrest and took him to a police station about 30 mins away to do a data master breath test where results came back 0.083. We have read the margin of error on data master tests is 0.004. Is this a good case for dismissal of charges? (Pittsburgh, PA)

A: Yes, as pointed out, it sounds like you have some good defense issues for trial. It is possible that the WCO will decide not to file, and/or the DA looks at the case and decides not to file given the disputable evidence. However, if law enforcement does decide to prosecute, the case will not be dismissed by a District Justice at the preliminary hearing and either of three things will happen: A) the trial DA will review the case and withdraw it, B) ARD will be offered if the driver qualifies, or C) the driver will go to trial, either jury or non-jury. Scenario “A” is unlikely, but can happen. Consult with a lawyer, preserve your evidence, remember, the WCO are now aware of you and will stop you again if there is probable cause.