Posts Tagged ‘OUI lawyer berks county’

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.