Recent Posts Tagged With 'dui'

• DUI DUI, Nieves is bad law!

  Posted on Monday October 26th, 2009 at 20:36 in dui

  DUI update. We have been asked so many questions regarding DUIs where the person gets a second DUI arrest before being convicted of the first. Our answers have been all over the board with our strateies, but the basis for my answers was that a case c...

• While on ARD I got a second DUI, what am I looking at?

  Posted on Sunday October 18th, 2009 at 07:44 in dui, ard, driving under the influence, accelerated rehabilitative disposition

  I got a DUI in January. I got in ARD in April. I got a second DUI in July. What am I looking at?This is a very complicated answer. There are four scenarios. In general, if you get ARD (accelerated rehabilitative disposition) for a DUI (driving under ...

• DUIs & Bad Offers

  Posted on Sunday October 4th, 2009 at 17:54 in dui, sentencing guidelines, prior record score, mandatory minimum, juvenile record, offense gravity score

  I have a terrible juvenile record. I have really cleaned up since I was a kid. I just got a DUI, which is my first offense as an adult. Its a 3 day mandatory minimum. The DA offered me 9-23 months. My lawyer said its a bad offer due to my juvenile re...

• Time Limit for Blood Preservation in DUI Cases

  Posted on Tuesday April 14th, 2009 at 17:56 in dui, blood test

  Must the District Attorney preserve blood drawn in a DUI case?The District Attorney must put the defendant's lawyer on notice for the amount of time that the District Attorney's Office intends to preserve the blood in a DUI case, then the defense att...

• But Judge, I didn't refuse to take let the cop take my blood!

  Posted on Thursday December 11th, 2008 at 16:12 in dui, driving under the influence, refusal, dui refusal

  I had a conversation with an old friend of mine, who is a distinguished Philadelphia criminal defense lawyer, and we were talking about the assertion that if you are physically unable to consent to a blood test, can the police deem the lack of consen...

• Double Jeopardy In DUI Cases

  Posted on Tuesday February 19th, 2008 at 21:25 in dui, expungement, double jeopardy, campanna

  I got a pulled over and cited for transporting alcohol illegally in my car. I got a summary citation. I appeared at the local Magisterial Judicial District in regard to said ticket and plead guilty. I got sentenced to a large fine and I paid it. Now ...

• ARD in PA, Problems in Wyoming

  Posted on Wednesday February 6th, 2008 at 12:37 in dui, ard, dui treatment court, second dui ard, accelerated rehabilitative disposition

  I got arrested for DUI in PA. While awaiting trial, I moved to Wyoming and got a new driver's license. I went back to PA to face the music. I took ARD (Accelerated Rehabilitative Disposition) on the DUI. I lost my license for 60 days as part of the A...

• 7 year rule

  Posted on Sunday February 3rd, 2008 at 14:31 in dui, evidence, criminal record, sentencing guidelines, three strikes

  Another question about a 7 year or a 10 year rule. This is a follow-up to the last entry. Now I am being asked if I am sure of my answer.Yes, I am sure. If you go to our site on criminal records, www.expungementpardon.com and click on the links for e...

• Burden of Proof in a DUI

  Posted on Tuesday January 29th, 2008 at 17:43 in Tickets, dui, blood test, bac, evading

  I had been drinking. Not sure how much. I didn't think I was drunk. I made a u-turn and thought I would get pulled over by the nearby cops. So, I pulled into a Best Buy parking lot and ran my ass off. In the mail several days later I got all kinds of...

• 3rd DUI Different States

  Posted on Sunday January 13th, 2008 at 21:54 in dui

  I had a dui in 1997 in Virginia. I had a dui in 2004 in Maryland. I just got arrested in Pennsylvania for dui. What dui is it under PA law: 1st, 2nd or 3rd?It is either a 2nd or third. PA has a 10 year look back period and PA does count other states'...

• Waiving a Preliminary Hearing

  Posted on Monday January 7th, 2008 at 10:30 in dui, ard, preliminary hearing, accelerated rehabilitative disposition, waive preliminary hearing

  Why would I waive my preliminary hearing?If you have never been arrested before and your case and you are eligible for ARD (Accelerated Rehabilitative Disposition) you should wavier your preliminary hearing because when your case gets to the Court of...

• DUI Refusal

  Posted on Friday January 4th, 2008 at 08:37 in dwi, dui, absentia, in absentia, dwi refusal, dui refusal

  I just checked my criminal record and I think I have a conviction for a refusal. I know nothing about this. How is this possible? When did it become illegal to refuse.In regard to any criminal conviction, if you were convicted, you would know about i...

• I was arrested for DUI but was not drinking, can I still be charged?

  Posted on Tuesday December 18th, 2007 at 11:04 in dwi, dui, conviction, driving under the influence

  YES. The Pennsylvania DUI statute covers not only alcohol but also outlaws driving while under the influence of a controlled substance. If you had any illegal drug, i.e. cocaine, in your system you are guilty of DUI. It should also be understood ...

• Endangering the Welfare of a Child (EWOC)

  Posted on Saturday October 13th, 2007 at 18:36 in rape, pornography, dui, crystal meth, endangering the welfare of a child, ewoc

  If I have never been arrested and now I am charged with Endangering the Welfare of a Child (hereinafter "EWOC") can I go to jail?In Pennsylvania, there are sentencing guidelines that are supposed to guide the judge in determining the range of applica...

• ARD and Record Expungement

  Posted on Sunday September 30th, 2007 at 19:38 in dwi, dui, pardon, driving under the influence, expungement, driving while imbibing

  I had ARD for a DUI years ago. I was told that my record was to be expunged upon completion of the ARD program. What can I do?Unfortunately, in some counties in PA the expungement is not automatic upon completion of ARD and in some counties it automa...

• DUI After ARD

  Posted on Saturday September 29th, 2007 at 10:06 in dwi, dui, pardon, ard, driving under the influence, expungement, driving while imbibing

  I had a dui two years ago. I got ARD and completed it with no problems whatsoever. I have paid all associated fines and costs. I had the DUI expunged. I just picked-up a new dui in a different county in PA. Is this a first or second DUI?and that you ...