Posts Tagged ‘Berks County DUI Lawyers’

Spotlight Issue: First Offense DUI in Berks County

Sunday, May 10th, 2015

Being arrested for a first-offense DUI can be frightening and embarrassing, especially if you haven’t had any involvement with the legal system before. You probably have a lot of questions about what will happen next and our Berks County DUI attorneys are here to answer those questions. Our DUI attorneys will start by representing you at your preliminary hearing in front of a Magisterial District Justice. We will discuss your options with you at that court date and you will decide whether to have a hearing that day or to waive your right to a hearing. You might also apply for the Accelerated Rehabilitative Disposition (ARD) program on that date. Read more about the DUI ARD program here. If your case goes past the preliminary hearing stage, then our DUI attorneys will obtain the evidence that the District Attorney intends to use against you at trial (this is called discovery). Discovery for a DUI can include officer’s reports, results from blood tests and, when available, police dashboard video. We will review the evidence to determine whether the police acted appropriately in your case. For example

-did the police have reasonable suspicion to pull you over
-if you weren’t driving, were you in actual physical control of the vehicle
-were the field sobriety tests administered correctly
-were the blood results obtained correctly

Even though you may not have any prior criminal record, you still might be facing a mandatory 72-hour prison sentence. Our DUI attorneys will evaluate the evidence against you and advise you as to your best option. Whether you decide to enter the ARD program, accept a plea offer or take your case to trial, you need an experienced attorney on your side because the consequences of a DUI conviction can be serious. Contact our Berks County DUI lawyers at 610-372-5128 or email us at info@enmlaw.com.

DUI Charges Reduced in Berks County

Thursday, June 27th, 2013

Attorney Ryan W. McAllister recently represented a client in Berks County who was charged with a second offense DUI. Our client had refused the blood test at the hospital, so he was looking at the “highest rate” penalties if he was convicted, which would include a mandatory minimum jail sentence of 90 days in Berks County Prison, followed by a five (5) year period of supervision. Our client was employed full-time at a local Berks County company, and he was have undoubtedly lost his job if he received a 90 day jail sentence.

Attorney McAllister fought the case on behalf of our client by filing an omnibus pretrial motion, which would then be followed by a subsequent bench trial. On the day of the hearing, the District Attorney’s office offered up a “plea deal” to Attorney McAllister’s client based on the fact that there was a chance they would lose the case. The plea deal was for a second offense “general impairment” DUI, which carries reduced penalties of five (5) days in jail and a maximum supervision period of only six (6) months.

Our client thought long and hard about whether or not to take the deal. In the end, he decided to go for the “sure bet” and lock in the reduced jail sentence of only five (5) days compared to 90 day jail sentence he would have faced had he went to trial and lost. Additionally, Attorney McAllister negotiated to have all the other charges are client was facing dropped in exchange for the plea agreement, which saved our potentially hundreds if not over one thousand dollars in fines and costs. In the end, our client was very happy with the outcome of his case.

If you or someone you know is facing a driving under the influence case or DUI charges in Berks County, PA, or Reading, Pennsylvania, please call our office right away at 610-372-5128. One of our experienced criminal trial attorneys will be happy to sit down with you and discuss your case in more detail at no initial cost to you.

Client Granted ARD After Filing Reconsideration

Wednesday, February 9th, 2011

My client was charged with a first offense driving under the influence (DUI) charge in Berks County.  Even though it was a first offense, my client was still facing a mandatory 72 hours (3 days) in Berks County Prison along with a 12 month license suspension.  After reviewing the facts of the case with my client, we made the decision that the best option would be to pursue the Berks County DUI ARD Program, which would eliminate the threat of any mandatory jail time and reduce the license suspension down to 60 days.

The problem, however, was that my client previously participated in and completed the accelerated rehabilitative disposition (ARD) program in another case, approximately two (2) years ago.  Normally, ARD is offered to first time offenders only, and a prior involvement with the criminal justice system will preclude a defendant from participating in the ARD Program.  In fact, that was exactly what happened as the case initially progressed.  I received notice from the District Attorney’s Office that my client was denied from the DUI ARD Program.

Nevertheless, I wanted to make at least one (1) additional attempt to get my client admitted to the DUI ARD Program.  After all, my client had never spent a day in jail in his entire life, and he was extremely worried about ending up behind bars.  Also, my client was employed full-time, and a lengthy one-year license suspension would cause significant problems with my client’s ability to get to and from work.  Therefore, I prepared a letter addressed to the District Attorney of Berks County.  In the letter, I made it known that my client had previously completed the ARD Program in Berks County.  However, I also made it clear that my client was willing to do whatever was necessary to be given the benefit of going through the program a second time.  Also, I was sure to mention that my client was extremely cooperative with the police throughout the investigation and that he was employed full-time.

Shortly thereafter, I received a letter back stating that my client had been granted entry onto the DUI ARD based on my reconsideration request.  Although it can be very difficult to get accepted onto the ARD Program if there is a prior involvement with the criminal justice system, I have been very successful helping clients in these types of situations.  Often times, a properly worded letter pointing out the important facts of the case can result in a different outcome.

If you are charged with driving under the influence (DUI) in Reading, Pennsylvania, or Berks County, Pennsylvania, please contact my office to setup a free consultation.  I would be more than happy to discuss the specifics of your case.