Posts Tagged ‘Reading PA Pennsylvania Driver’s License Attorney Lawyer’

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.

Underage Drinking Citation negotiated down to Disorderly Conduct in Berks County Summary Appeal

Wednesday, May 18th, 2011

Today I represented a Kutztown University student charged with violating 18 Pa.CSA Section 6308 – the Underage Drining statute. The penalty for such an offense includes fines and a 6 month driver’s license suspension. Additionally, many employers and professional licensing boards frown upon alcohol related convictions. In this particular case my client had represented himself at the District Judge level and had been found guilty despite the apparent weaknesses in the Commonwealth’s case.bouncy castle canada

Wisely, he decided to appeal and seek Counsel in his case before the Berks County Court of Common Pleas. I was able to negotiate the matter with the Assistant District Attorney assigned to the case. Thankfully, we came to a resolution that allowed my client to keep his driver’s license and avoid the adverse employment effects of an alcohol related inflatable slides

Our office frequently represents individuals charged with Underage Drinking and other Summary Offense and Traffic tickets in Berks County courts. When your driver’s license is at stake it is crucial that you retain an experienced and knowledgeable advocate. Our office offers free consultations for your criminal, non-traffic or traffic citation case. Call now to arrange an appointment with one of our attorneys.

Pennsylvania Traffic Citations – 9 License Points & Departmental Hearing Successfully Reduced To Driving Class With 0 Points

Thursday, November 4th, 2010

The other day I represented a client at a district court hearing in Montgomery County.  My client was issued three (3) citations back in September while driving home from the Philadelphia area.  She was charged with 75 Pa.C.S.A. 3714, Careless Driving, 75 Pa.C.S.A. 3310(a), Following Too Closely, and 75 Pa.C.S.A. 3362(a)(2), Speeding 88 MPH in a 55 MPH zone.  Each of these citations carry a mandatory three (3) points, for a grand total of nine (9) points.  After an initial accumulation of six (6) points, PennDOT mandates that a written exam be taken and passed; in the event a driver fails to take the exam or doesn’t pass the exam, their driver’s license become indefinitely suspended.    Additionally, since the speeding citation was for exceeding 31 MPH, state law mandated a PennDOT departmental hearing if my client was found guilty.

I was prepared to fight the citations at a hearing, especially because at least two (2) of the citations appeared to be issued on information received.  That is, the State Trooper may not have witnessed the traffic violations first hand.  The witness who reported the erratic driving would need to be present to testify as to what took place; any testimony about what this witness allegedly “said” would be hearsay.

Nevertheless, I discussed with the State Trooper the option of working the case out to a lesser charge.  I brought up the fact that my client is employed full-time, and my client was also smart enough to be very respectful to the State Trooper when she was initially pulled over.  Based at-least in part on those two (2) factors, the State Trooper was willing to to reduce the citations.  Ultimately, we agreed that my client would attend a one-day safe driving school in Montgomery County; the cost of the driving school is $75, and, upon completion, my client will be issued a certificate by the school.  I will then submit the certificate to the court.  In exchange, the State Trooper agreed to withdraw the Careless Driving citation, 75 Pa.C.S.A. 3714, as well as the Following Too Closely citation, 75 Pa.C.S.A. 3310(a).  Furthermore, the State Trooper agreed to amend the Speeding citation, 75 Pa.C.S.A. 3362(a)(2), to Failure to Obey Traffic Control Devices, 75 Pa.C.S.A. 3111(a).  Importantly, this section of the vehicle code carries no points that would be applied to my client’s driver’s license.

My client was originally facing a possible nine (9) license points, a written exam administered by PennDOT, and PennDOT departmental hearing, which included the possibility of a 15-day license suspension.  In the end, my client ended up having to attend a one-day safe driving school in Montgomery County.  Additionally, my client will receive no (0) points on her license.  She was, of course, extremely happy with the outcome of her case.

If you have been issued a traffic citation in Berks County or Montgomery County, please contact the firm to setup a no-cost consultation with one of our attorneys.