Posts Tagged ‘DWI attorney lawyer 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.

Aggravated Assault by DUI Charge Dismissed at Preliminary Hearing

Thursday, July 28th, 2011

Yesterday I (attorney Dan Nevins) represented a client in a Berks County District Court charged with three counts of Aggravated Assault by DUI. At this stage the Commonwealth only needs to establish a prima facie case against a Defendant in order for a charge to be held for court. This is a relatively low legal burden, and does not approach the guilt beyond a reasonable doubt standard necessary for a criminal conviction.

I was able to earn a dismissal of one of the three counts at the preliminary hearing by contesting the lack of serious bodily injury to one of the parties. Graded as a Felony of the Second Degree, my client had faced a maximum of 10 years for this particular count. Though we still have work to do to secure a final and favorable outcome in this case, we have taken a significant step in the right direction.

If you are facing serious criminal allegations in Berks County, Pennsylvania you need an skilled courtroom advocate by your side. Our attorneys successfully represent individuals charged with Aggravated Assault and Homicide by DUI as well as all manner of Driving Under the Influence and traffic code violations. Call our office today to schedule 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.