Archive for September, 2011

Speeding Ticket in Work Zone on PA Turnpike reduced to 5mph Over

Friday, September 30th, 2011

Yesterday I represented a Pennsylvania motorists charged with operating her vehicle 27mph over the speed limit in a work zone area on the Pennsylvania Turnpike. If convicted under Section 1535(e)(2)/ Work Zone violation a Pennsylvania driver faces an automatic 15 day license suspension. In addition, a driver convicted of 27 mph over faces 5 points on their license under Section 3362(c)(1)(ii).

Fortunately, I was able to point to my client’s otherwise spotless driving history in negotiating with the trooper. In the end the District Judge allowed a plea to 5 mph over the speed limit – which carries no points.

Our office regularly represents Pennsylvania drivers charged with all types of vehicle code violations including speeding citations, weight restirction violations, driving under suspended license, racing on highways and more. Call today to schedule a consultation with a Berks County Pennsylvania Traffic Attorney.

Felony Charges Dismissed at Preliminary Hearing

Thursday, September 29th, 2011

Just this past week, Attorney Ryan McAllister represented a client at a preliminary hearing in Berks County district court who was charged with Fleeing and Eluding, 75 Pa.C.S.A. 3733, and Driving under the Influence, 75 Pa.C.S.A. 3802.  Attorney McAllister met with our client in advance of the hearing date to create a strategy on how to successfully fight the charges.

At the hearing, the police officer involved in the case testified that he did turn on his lights and siren in an attempt to pull over our client.  However, Attorney McAllister was able to demonstrate through cross-examination that the officer did not have his lights and sirens on for the entire time that the officer was pursuing our client.  In fact, although the officer was following our client for some time, our client did, in fact, pull over into a parking lot shortly after the officer activated the lights and siren on the police car.  Therefore, Attorney McAllister was able to convince the Judge that the Fleeing and Eluding charge should be dismissed.

Now, as the case moves forward, our client is only facing the remaining misdemeanor DUI charge instead of the more serious felony charge.  Our client is extremely happy with the outcome, and he is now looking towards fighting the rest of the case in the Berks County Court of Common Pleas.

If you or someone you know has been charged with Drinking and Driving (DUI) or a related offense, please contact us today at 610-372-5128.  As you can see from this case, it pays to get an attorney involved in a criminal case right from the start.  The initial consultation in a criminal case is always free, and one of our three (3) attorneys is always happy to discuss your case in more detail.

PFA Plaintiff Representation in Berks County, PA

Tuesday, September 27th, 2011

Today I represented a client seeking a Protection from Abuse order against her daughter on behalf of her minor granddaughter. My client felt that her daughter posed a danger to the grandchild due to her issues with substance abuse. Fortunately, the PFA act can provide for protection in this regard.

My client was able to secure a one year Protection From Abuse order. As part of the order she was able to obtain custody of the minor child. The mother will be permitted contact with the child, but only at the discretion of my client. The mother will face violation of the order and possible jail time if she fails to follow its terms. The hope, of course, is that the child is protected and the mother gets the help she needs.

We regularly represent both Plaintiffs and Defendants in Berks County Protection from Abuse – PFA cases. Call our office today to schedule a free consultation.

ARD Granted for Client in DUI Case

Monday, September 26th, 2011

Attorney Ryan W. McAllister recently represented a client who was charged with a first offense driving under the influence (DUI) case in Berks County.  Although this was our client’s first DUI offense, our client did have a prior Drug Paraphenalia case from a few years ago.  Our client actually successfully completed ARD in this prior Drug Paraphenalia case.  Because of this prior offense, our client was initially denied entry into the Berks County DUI ARD Program.

Without the benefit of this program, though, our client would have faced a mandatory 72 hours in Berks County Prison, as well as a mandatory 12 month license suspension.

Therefore, Attorney McAllister formally requested that the Berks County District Attorney’s Office “reconsider” our client for the specialized DUI ARD Program.  After reviewing this detailed written request, our client was, in fact, approved for the ARD Program.  Therefore, our client served no jail time and had a reduced license suspension of only 60 days instead of 12 months.  Additionally, our client will be eligible for a full expungment of his record in this case once the DUI ARD Program is completed.

If you or someone you know is charged with a DUI, please contact us at 610-372-5128 to setup a free case evaluation.  Although the ARD Program is traditionally for somone who is charged with a “first-offense”, our attorneys have been very successful in fighting for ARD for our clients.

Simple Assault, Public Drunkeness, Disorderly Conduct charges dismissed in Berks County, PA

Friday, September 23rd, 2011

Today I represented a client charged with Simple Assault and related offenses for an alleged incident occurring in Berks County, PA. The case had made it to the Court of Common Pleas level and was set for disposition. My client was otherwise eligible for ARD, but we hoped for an even better result.

I filed an Omnibus Pretrial motion and the matter was set for a hearing. Our position was that the Commonwealth could not establish each of the elements of the offenses. In the end the Judge agreed to dismiss each of the charges and my client walked out of court a free man.

Client Saved from License Suspension

Thursday, September 22nd, 2011

Today Attorney Ryan W. McAllister represented a client in a summary appeal in the Berks County Court of Common Pleas.  Our client, who was initially unrepresented, was charged with speeding in excess of 28 mph.  At the time, he thought the best thing to do was to simply plead guilty, pay the fine, and move on with his life.  Unfortunately, our client failed to realize the stiff consequences for pleading guilty in this case.  Namely, an automatic 90 day suspension of his driver’s license (based on his age) and 5 points on his driving record.

Once he realized the consequences of pleading guilty, he sought counsel at Ebner, Nevins & McAllister, LLC.  Attorney McAllister file a summary appeal the same day that he met with this young man, only 2 days before the 30 day deadline to file an appeal.

At the actual hearing, Attorney McAllister was able to negotiate with the assistant district attorney and the officer to reach a better resolution.  Instead of 90 day license suspension and 5 points on his driving record, our client received NO license suspension and only 2 points on his driving record.  Additionally, assuming our receives no further citations, he will have those 2 points taken off of his driving record within 12 months.

This case truly exemplifies how a seemingly simple traffic ticket can turn into a real nightmare.  Luckily, our client sought out the services of a skilled attorney before any appeal deadlines had passed.  In the future, though, our client promised he would contact Ebner, Nevins & McAllister, LLC, first if he ever finds himself in a similar situation.

If you have been issued a traffic citation in Reading, Pennsylvania, or Berks County, Pennsylvania, please contact us at 610-372-5128.  We would be happy to discuss what kinds of options are available in your individual case.  And remember, we offer free consultations in all traffic matters.

Not Guilty Verdict in Reading PA Harassment Case

Wednesday, September 21st, 2011

Today, I represented a client charged with Harassment in a Summary Appeal case. The allegations stem from an incident occurring in a Berks County college dorm. Both females involved were charged in the assault. My client had represented herself at the hearing before the District Judge and was found guilty. She retained my services for the summary appeal.

Through negotiation with attorneys for the Commonwealth I was able to convince the Prosecution that my client bore no responsibility for the incident. In the end the Assistant District Attorney presented no evidence at the time of the Summary Appeal, and I requested that the Judge enter a verdict of not guilty.

If you are charged in connection with an assault or fight in Berks County you need an experienced lawyer to protect your rights. Call our office today to schedule a free consultation.

Protection from Abuse (PFA) petition dismissed in Berks County, PA case

Thursday, September 15th, 2011

Today I represented a client facing allegations of abuse by his former spouse. She filed for a Protection from Abuse order following an incident that occurred during a custody exchange. My client was facing a 3 year no contact order, a finding of abuse as well as the custody implications from an adverse ruling.

Fortunately, the PFA petition was dismissed following a hearing. I was able to cross-examine the Plaintiff and expose inconsistencies between her testimony and her prior written statements. Ultimately, this led the Judge to conclude that my client and his testimony were more credible than that of the plaintiff.

If a Protection from Abuse Petition has been filed against you, you need to protect yourself.  You can lose important rights as a result of a PFA case.  You can be evicted from your home,  lose custody of your children, lose your right to carry firearms, or be restricted from other locations.  Unfortunately, at times, some individuals attempt to abuse the PFA act by filing false allegations of abuse in order to gain an advantage in a custody or divorce case.  This should not be tolerated.  The PFA act is an important protection for legitimate victims and should be treated as such.  Call our office today to schedule a free consultation in your Berks County PFA case.

Client saved from 60 day mandatory jail sentence in Berks County Driving Under Suspension case

Monday, September 12th, 2011

Last week I represented a client charged with a violation of section 1543(b) of the vehicle code – Driving Under Suspension/ DUI Related. He had previously been found guilty of this charge by a Berks County District Judge where he was represented by a non-Berks County attorney. The Judge had sentenced him to the mandatory minimum 60 day jail term as laid out in the vehicle code. The Judge set a date for him to report to Berks County Prison.

The motorist contacted our office and we immediately filed a Summary Appeal in the Berks County Court of Common Pleas. The imposition of sentence was then delayed while we prepared and awaited our date in Common Pleas. As it turned out our client’s prior counsel made several critical errors in the preparation of the case. Significantly, he failed to communicate with or enter into negotiations with the State Trooper.

At the time of the Summary Appeal hearing we were facing an uphill battle. However, I was able to negotiate with the trooper as well as the Assistant District Attorney. By presenting our client in the most favorable light and outlining various mitigating factors I was able to convince the Commonwealth to reduce the charges. In the end my client plead guilty to the reduced charge of 1543(a) and received no jail time. While he does still face a license suspension, he will not be taken from his family for two months.

Our office regularly represents motorists facing traffic offenses in Berks County and throughout the region. If you have recieved a citation or ticket or may be facing jail time for driving on a suspended license you need to know your rights and your options. Call our office today for a free consultation.

Client Saved from License Suspension in Reading, PA

Tuesday, September 6th, 2011

Today I represented a client on charges of Driving Under a Suspended License at Section 1543(a) of the Pennsylvania Vehicle Code. A one year license suspension from PENNDOT would result if he was found guilty of this particular violation. Fortunately, I was able to negotiate a reduction in the charge to a Section 1501 violation which carries with it no license suspension.
Our office regularly represents Pennsylvania motorists on matters ranging from traffic citations and speeding violations to license suspensions and suspension appeals. If you have been issued a citation or are seeking an appeal from a finding of guilt by a district judge, it is important that you seek experienced counsel. Call our office today for a free initial consultation for your Pennsylvania traffic law matter.