Posts Tagged ‘DUI Attorney in Berks County’

Client Avoids Jail Time and License Suspension in Reading PA DUI Case

Friday, November 11th, 2011

Yesterday I represented a client charged with a Highest Tier (above .16 BAC) DUI offense – 3802(c). A conviction on that offense would result in 3 days to 6 months in jail and a one year license suspension. The District Attorney’s office had denied our requests for ARD placement due to my client’s prior, though unrelated, record.

Fortunately, we had a viable defense to the BAC specific offense due to the facts of the case. Part of what the Commonwealth needs to do to win a conviction on a 3802(c) offense is to prove that the motorist’s BAC was over .16 within two hours of operating the vehicle. In this case Police encountered my client who was standing near a vehicle that had been stuck in the railroad tracks. My client subsequently submitted to field sobriety tests and eventually the blood draw which showed his BAC to be above .16. He also made some statements indicating that he was the driver of the vehicle that was stuck on the tracks. However, I knew that the Commonwealth would have trouble proving that his blood was drawn within two hours of operating the vehicle – which is required for the BAC specific offense. Accordingly, we set the case for trial.

Just before we were set to begin the Assistant District Attorney agreed to drop the 3802(c) in exchange for a plea to a 3802(a)(1) – general impairment. This reduced the impact to my client from 3 days in jail to Zero days in jail and 1 year license suspension to no license suspension.

If you are facing a Driving Under the Influence charge in Reading or Berks County, Pennsylvania you need an experienced DUI trial attorney. I have obtained favorable results for several hundred DUI clients in Berks County over the past 6 years including Not Guilty verdicts, suppression of evidence, reduction in charges or placement in an alternative sentencing program. Call our office today to schedule a free consultation.

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.

Appealing Traffic Citations Saves Points on Drivers’ Licenses

Friday, April 22nd, 2011

This week I (Attorney Dan Nevins) represented two motorists in Summary Appeals who had been charged with speeding violations in Berks County, PA. In each case I was able to negotiate with the Commonwealth to reduce the violations to save my clients both money and points on their licenses. As we have posted before, the Pennsylvania vehicle code calls for points to be assigned based on how fast over the speed limit a driver was operating his or her vehicle. Accumulate enough points and a driver is facing a Departmental Hearing and/or a License Suspension or even a License Revocation.inflatable water slides

If you are worried about points on your license then it is important to contact a qualified Berks County Traffic Attorney when you are facing a traffic citation in Reading or Berks County, PA. It may be possible to negotiate a reduction in charges at the time of the hearing before the district judge. If you have already pled guilty or been found guilty, then you may be able to exercise your appeal rights before the Berks County Court of Common Pleas. Our firm regularly represents drivers with licensing issues in the Courts of Berks County, PA as well as throughout eastern Pennsylvania. Please call out office for a free initial consultations for your Traffic or Drivers License issue.commercial inflatable water slides for sale

Can I get ARD in Berks County when I am charged with two seperate cases?

Wednesday, March 30th, 2011

I recently represented a client in the Berks County Court of Common Pleas charged with two criminal cases – a DUI and a Simple Assault/ Terroristic Threats – at the same time. A 32 year old father of five with a rock solid employment history had found his life spinning out of control after discovering his spouse’s infidelity.  With a first time DUI charge he was facing a mandatory 3 day jail sentence and a one year driver’s license suspension if convicted. Additionally, his simple assault and terroristic threats case involved possession of a (legal) firearm, so under the sentencing guidelines he was looking at a county jail sentence.

We proceeded to a preliminary hearing on the Assault/ Threats case. I successfully argued for a dismissal of the terroristic threats charges and the simple assault count was held for court. Subsequently, we waived the DUI charge and applied him for ARD in that case. Both cases proceeded to Common Pleas but in front of different Judges with two different Assistant DA’s assigned. Then came some bad news – I received a plea offer of 3 to 23 months in the Assault case and a denial of ARD in the DUI case.
Through negotiation with the ADA in the Simple Assault case, I was able to secure a revised plea offer of 2 years probation. I then filed an ARD reconsideration letter with the Berks County District Attorney for the DUI case. In my letter I outlined my client’s background and the unique circumstances of his cases. I stated clearly my goal in the matters: ARD on the DUI case and 2 years concurrent probation on the Simple Assault case. Thankfully, the District Attorney agreed that this request was reasonable given the circumstances. In the end, I was able to help my client avoid jail time and a legnthy license suspension.

The answer to the question that forms the title of this post is “yes.” But only if you retain diligent and persistent counsel. We regularly obtain the most favorable results for our clients. If you or someone you love is charged with a criminal case in Berks County or throughout Central or Southeastern Pennsylvania give us a call for a free consultation.

Pulled over for a DUI in Berks County?

Wednesday, March 23rd, 2011

Unfortunately, every night a motorist in Berks County PA gets stopped on suspicion of Drunk Driving.  The stop may occur at a DUI checkpoint, after a minor traffic violation or perhaps a motor vehicle accident.  The officer will notice the DUI indicators – blood shoot eyes, slurred speech, odor of alcohol and ask the motorist to step out of the vehicle.  The driver will then be subjected to a series of field sobriety tests – the finger to nose test, one legged stand and walk and turn.  A preliminary breath test is done and the driver finds himself in the back of a patrol car on the way to the DUI center to have his blood drawn.  Later, he is told to call a friend to pick him up and he’s sent on his way.

The next day the driver is going to start to wonder what’s going to happen.  Am I going to be charged with a DUI?  Am I going to jail?  Am I going to lose my license?  What about my car insurance?  It’s important to contact an experienced Berks County DUI attorney as soon as possible to get the answers to these and other questions.  The attorneys at Ebner, Nevins and McAllister have successfully handled thousands of Berks County DUI and traffic citation cases.  We work closely with our clients to ensure that they are fully engaged in the process while suffering the absolute minimum of adverse impact.  If you or a loved one has been pulled over on suspicion of Drunk Driving in Berks County, PA you should not delay:  Call our office at once for a free consultation.

Successfully Fighting for ARD in Client’s DUI Case

Thursday, March 17th, 2011

Many months ago, I (Attorney Ryan McAllister) began to represent a client charged with a first (1st) offense DUI under 75 Pa.C.S.A. 3802(c).  My client was facing a mandatory three (3) days in Berks County Prison in addition to a 12-month license suspension.  After reviewing the facts of the case as well as the discovery documents, I informed my client that there were no pretrial suppression issues to argue, and his best bet would be to file for the Accelerated Rehabilitative Disposition Program (ARD).  The only problem was my client previously completed the ARD Program for an assault case two (2) years ago.

Nevertheless, I still applied my client to the ARD Program at the preliminary hearing.  As expected, though, my client was initially denied from the program based on his prior ARD.  In response, I promptly drafted a letter to the District Attorney explaining my client’s situation.  My client works full-time for a local manufacturing company, and he could not afford to lose his license for 12 months.  Moreover, my client had no interest in spending three (3) days in Berks County Prison.

Shortly after sending my “reconsideration” letter, I got a response indicating that my client was approved for the DUI ARD Program.  Just a few days before my client was going to be placed on the DUI ARD Program, though, in a stroke of unbelievably bad luck, my client was arrested and charged with a misdemeanor assault case.  This immediately made my client ineligible for the DUI ARD Program.  I continued my client’s DUI case to a later court date, and focused 100% of my efforts on getting the assault case dismissed.  Luckily, I was able to get all of the charges against my client in the assault case dismissed at the preliminary hearing, and I was also able to secure my client’s placement onto the DUI ARD Program in his DUI case.

Even though the process took several months longer than usual, my client was extremely happy with the outcome of his case.  No jail time, no conviction, no record, and a significantly reduced license suspension.

If you or someone you know is charged with Driving Under the Influence (DUI) in Berks County, Pennsylvania, please contact my office to setup a no-cost consultation.  I would be happy to discuss the various strategies I use to keep clients out of jail and minimize their license suspensions.

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.