Posts Tagged ‘DUI Lawyer Berks County’

Spotlight Issue: Update on DUI license suspensions in Pennsylvania

Wednesday, May 31st, 2017

In 2016, the US Supreme Court issued a decision in Birchfield v. North Dakota which changed the way that DUI cases are handled in Pennsylvania. Read more about that decision here. One issue that the Birchfield Court seemed to leave alone was civil penalties for a driver refusing to submit to chemical testing (blood or breath test). But, the Pennsylvania Commonwealth Court has now addressed the issue directly following the Birchfield decision.

In Boseman v. Department of Transportation, Bureau of Driver Licensing, the defendant was arrested for suspicion of DUI and was asked to submit to a blood test. The police said that she refused to submit to the test and her driver’s license was suspended for 1 year as a result of that refusal. In her appeal, the defendant argued two issues. First, that she should have been given a second chance to submit to the blood test before the police decided that she had refused. Second, because of the new requirements under Birchfield, the defendant argued that the police should have obtained a search warrant before requesting that she submit to the blood test.

In its decision, the Commonwealth Court said that the police were not required to give the defendant a second chance to take the blood test. The Court said that the police are not required to try to convince drivers to try to take the test or wait for them to make a decision. Further, once a driver has refused, he cannot later change his mind and agree to take the test.

The Commonwealth Court in Boseman also declined to overturn the defendant’s license suspension in light of the Birchfield decision. The Commonwealth Court essentially said that the Birchfield decision did not apply to the defendant’s case because her license was suspended in an administrative proceeding under the civil Implied Consent statute rather than as a result of a criminal penalty in a criminal statute. The Commonwealth Court further said that the Implied Consent warnings that were read to the defendant made it clear that it was not a crime to refuse to submit to the blood test, but that there would be a license suspension as a result of the refusal. Therefore, the Commonwealth Court said that the license suspension was appropriate.

What does this mean for Berks County drivers? At this time, the new DUI requirements under Birchfield do not apply to license suspensions for refusal to submit to chemical testing. The license suspension process will continue to be handled by PennDot as it was prior to the Birchfield decision. But, there is a lot of change on the criminal side of things and we’ll give you some updates on that soon.

If you’ve been charged with a DUI in Reading, PA and your license has been suspended because the police said you refused to submit to chemical testing, you may be able to fight your license suspension with PennDot. Contact our experienced Berks County DUI lawyers before you miss any deadlines. Call us at 610-372-5128 or email at info@enmlaw.com.

ENM Law News: Successful Rule 600 motion

Friday, January 27th, 2017

Rule 600 of PA Criminal Procedure guarantees a criminal defendant the right to a speedy trial. Failure to bring a case to trial within the required period of time results in dismissal of the charges. Read more about Rule 600 here.

A client recently came to Attorney Nevins because of a second offense DUI charge which had been filed against him in 2013. This client moved out of the state after the charge was filed and a bench warrant was issued as a result of his failure to appear at proceedings. During the time that he was living out of state, the client was stopped twice for unrelated traffic offenses. Local police informed PA police both times that the client was in custody on the warrant, but PA declined to extradite (bring him back to PA) on each occasion.

Attorney Nevins filed a Rule 600 motion and a hearing was scheduled. Upon reviewing Attorney Nevins’ arguments, the District Attorney’s office decided not to proceed with the case and the charge was dismissed. This client avoided a mandatory 90 day jail sentence for his second offense DUI.

If an old unresolved criminal case from Reading, PA has come back to haunt you, contact our experienced criminal law attorneys at 610-372-5128 or info@enmlaw.com to see if you have grounds for Rule 600 dismissal.

Spotlight Issue: What you need to know about DUI ARD in Berks County

Tuesday, September 9th, 2014

Have you been charged with a DUI in Berks County? You may be eligible for the Accelerated Rehabilitative Disposition (ARD) program.  ARD is a program run by the Berks County District Attorney’s Office.  Generally, DUI ARD is available for those who do not have a prior criminal record.  Our attorneys can discuss with you whether or not you are eligible for the program so contact one of our DUI defense attorneys located in Reading, Pennsylvania today. Even if you have an old or minor prior criminal record, including a DUI more than 10 years ago, our attorneys may be able to help you get admission into the program.

There are many benefits to the ARD program for DUI’s.  Most importantly, if you complete the ARD program, you will never plead guilty to a DUI and the charge will be expunged from your record.  Also, the period of time that your license will be suspended is significantly less if you are in the ARD program as opposed to the suspension for a DUI conviction.  The length of time that your license will be suspended for a DUI is most often determined by your blood alcohol content (BAC), but could also be determined by other factors including, but not limited to

- whether you had drugs in your system

- whether there were children in the car

- your involvement in a motor vehicle accident.

The length of time that you would be in the DUI ARD program is also determined by those factors. Our attorneys can help to give you an idea of how long your license may be suspended and how long you may be in DUI ARD program.

So the ARD program sounds great.   How do you get started?  You will usually apply for the DUI ARD program at your preliminary hearing.  Our attorneys can help you fill out the DUI ARD application.  While at your preliminary hearing, you will be given an ARD court date.  In general, that is the date that you will be formally admitted into the DUI ARD program as long as you are approved for placement by the Berks County District Attorney’s Office and as long as you have completed the program requirements.  Program requirements usually include

- community service

- drug and alcohol assessments

- drug, alcohol or mental health treatment

- Alcohol Safe Driving class

- payment of court costs and fines.

You will be expected to surrender your driver’s license on the date that you are formally admitted into the DUI ARD program.

You’re not done as soon as you’re placed into the program though.  You may have additional requirements to complete while you’re in the DUI ARD program.  If the Berks County District Attorney’s Office believes that you are not completing the DUI ARD program as you should be, they will ask the court to terminate you from the program.  If that happens, you will be scheduled for an ARD Termination hearing in front of the court.  At that hearing the Berks County District Attorney’s Office will present the reasons why you should be terminated from the DUI ARD program.  Our attorneys can help you defend against ARD Termination.  Having representation at this hearing is crucial because termination from the DUI ARD program usually means that you will have to start the court process over again and either plead guilty to the DUI charge or go to trial.  However, even after ARD termination the court will sometimes allow reinstatement into the DUI ARD program.  Our attorneys can represent you at the ARD Reinstatement hearing.

It is important that you follow all of the steps correctly to be admitted in the Berks County DUI ARD program.  Our attorneys can help guide you along the way to make sure that you receive the best outcome possible for your case.

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.