Posts Tagged ‘first offense in reading berks county’

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.

ARD Reconsideration Granted in Berks County Drug Case

Tuesday, April 12th, 2011

This morning I was able to secure an ARD admission for a client charged with Possession of a Small Amount of Marijuana and Paraphernalia. Typically, this would not be particularly notable for a first time offender. However, my client’s background included a previous ARD for a DUI case.

Our initial application for ARD was denied by the Assistant District Attorney due to the prior ARD and prosecutorial discretion. I felt that the circumstances of the arrest and my client’s background were unique and should be taken into consideration by the Commonwealth. So, I submitted an ARD Reconsideration letter to the Berks County District Attorney outlining the reasons why my client should be given a break. He has a good job in the financial field which requires various licenses which could be jeopardized with a drug related conviction. Both offenses were non-violent and were relatively minor. Objectively speaking, the circumstances of the search and seizure were subject to a constitutional challenge. Fortunately, the District Attorney took the various points into account and approved admission into the program.

The end result is that my client can earn a dismissal of the charges so long as he stays out of trouble for 6 months, completes community service and pays some fines and costs. A great outcome for someone facing a drug related conviction which would lead to internation travel restrictions and possible loss of professional certifiactions and licenses, not to mention suspension of his driver’s license.

It’s possible, though rare, to gain admission to the ARD program in Berks County for a second offense. The lawyers at Ebner, Nevins & McAllister have experience at successfully navigating these waters. If you have a criminal case in Berks County, PA you need skilled legal representation. Call our offices to schedule a free consultation.