Tag 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.

On probation for Felony. Now, two new DUI charges!

Q: What if while on a felony probation, someone gets a DUI for drugs, then a few months later gets 2nd DUI for alcohol? My nephew, while on a felony probation, wrecked and totaled three cars while under the influence of heroin. Then 5 months later he got a 2nd DUI for driving under the influence of alcohol. Can you tell me what type of consequences he is facing? He is being held in jail awaiting the hearings for these offenses. Thank you.

A: He could face violation time from his probation judge. I am not sure if his bond is holding him in jail, or a probation warrant/detainer. On the two DUI’s, assuming he has no prior DUIs within the past 10 years, they will both be treated as a first if he didn’t plead on the first one yet. In Allegheny County they may offer him a Phoenix deal which will be DUI hotel for a weekend and all the normal fees and charges and probation that comes with a DUI. He may also be able to get house arrest. As for the probation judge, that judge may hold him as his behavior is certainly consistent with someone that has an out of control substance abuse problem. If the probation judge will continue to hold him, you may want to consult with an attorney about the chances of filing a motion to permit him to transfer to a rehabilitation facility pending the violation hearing.

 

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.

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.

Will the DA know of my prior DUI?

Q: Preliminary hearing papers state I am charged with a first offense DUI. Will they know about my past DUI at the hearing? I had a DUI 7 years ago in another state. The court papers state that I am being charged for a first offense DUI. Is this what they normally put on the paper work regardless of the offense count? How likely is it that my past DUI will be discovered by the DA?

(McMurray, PA)

A:  Normally, the DA in your county will find it. However, although it is rare, I have had it happen where the DA was not aware of a prior. You have no obligation to inform the DA of your prior unless they would file for discovery and thereby formerly ask you, which is unlikely. Assuming they find it, you have not made 10 years since the prior conviction and therefore your new DUI will be considered a second DUI.

 

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.

Is this a second DUI?

Q: I was charged with my second DUI about a month ago. My first DUI was 9 years ago and I did ARD. Is it worth fighting the case? I was pulled over due to non working tail light. The police report did not state any other reason. (Jefferson Hills, PA)

A: Unless it is 10 years you probably cannot be admitted into the Accelerated Rehabilitative Disposition (ARD) program. You need to have the court records reviewed to determine if ARD is an option. A non working tail light can constitute a reasonable suspicion for police to stop your car and initiate contact. No attorney can advise you as to whether or not you should fight this unless he or she reviews the complaint and Affidavit of Probable Cause and reviews all the facts with you. It may be worth the consultation fee. If you have no defense and are not ARD eligible, you may be able to obtain a Phoenix Program deal to minimize your time and costs in court.