Posts Tagged ‘Summary Appeal Attorney Berks County PA’

Prevented License Suspension

Wednesday, May 22nd, 2013

Last week Attorney Julie Marburger won a summary appeal for a client facing a 3 month license suspension and a possible $500 fine for operating a vehicle with a suspended registration. The client had pled guilty to the ticket not realizing a suspension would be imposed. Attorney Marburger filed a summary appeal to bring the case in front of a judge of the Court of Common Pleas of Berks County and worked out a deal where the fine was reduced to $25 and no suspension was enacted.

Not Guilty Verdict in Reading PA Harassment Case

Wednesday, September 21st, 2011

Today, I represented a client charged with Harassment in a Summary Appeal case. The allegations stem from an incident occurring in a Berks County college dorm. Both females involved were charged in the assault. My client had represented herself at the hearing before the District Judge and was found guilty. She retained my services for the summary appeal.

Through negotiation with attorneys for the Commonwealth I was able to convince the Prosecution that my client bore no responsibility for the incident. In the end the Assistant District Attorney presented no evidence at the time of the Summary Appeal, and I requested that the Judge enter a verdict of not guilty.

If you are charged in connection with an assault or fight in Berks County you need an experienced lawyer to protect your rights. Call our office today to schedule a free consultation.

Client saved from 60 day mandatory jail sentence in Berks County Driving Under Suspension case

Monday, September 12th, 2011

Last week I represented a client charged with a violation of section 1543(b) of the vehicle code – Driving Under Suspension/ DUI Related. He had previously been found guilty of this charge by a Berks County District Judge where he was represented by a non-Berks County attorney. The Judge had sentenced him to the mandatory minimum 60 day jail term as laid out in the vehicle code. The Judge set a date for him to report to Berks County Prison.

The motorist contacted our office and we immediately filed a Summary Appeal in the Berks County Court of Common Pleas. The imposition of sentence was then delayed while we prepared and awaited our date in Common Pleas. As it turned out our client’s prior counsel made several critical errors in the preparation of the case. Significantly, he failed to communicate with or enter into negotiations with the State Trooper.

At the time of the Summary Appeal hearing we were facing an uphill battle. However, I was able to negotiate with the trooper as well as the Assistant District Attorney. By presenting our client in the most favorable light and outlining various mitigating factors I was able to convince the Commonwealth to reduce the charges. In the end my client plead guilty to the reduced charge of 1543(a) and received no jail time. While he does still face a license suspension, he will not be taken from his family for two months.

Our office regularly represents motorists facing traffic offenses in Berks County and throughout the region. If you have recieved a citation or ticket or may be facing jail time for driving on a suspended license you need to know your rights and your options. Call our office today for a free consultation.

Client Avoids 6 Month License Suspension in Racing on Highways Case

Thursday, June 2nd, 2011

Today I (attorney Dan Nevins) represented a client charged with Racing on Highways a violation of Section 3367 of the Pennsylvania Vehicle Code for an incident occurring on the Pennsylvania Turnpike. This particular charge carries with it an automatic 6 month suspension of operating privileges if convicted. In addition, he was charged with a violation of section 3353 of the vehicle code – Prohibitions in Specified Places. The allegations were that the motorist was stopping dead on the turnpike and then basically drag racing with another vehicle or vehicles. Based on the specific circumstances and in light of the potential license suspension my client elected to plead not guilty and requested a hearing.
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Prior to the hearing I was able to discuss the matter with the State Trooper who issued the citation. Fortunately for my client, I was able to negotiate a reduction in the charges. In the end rather than facing an automatic 6 month suspension my client received 3 points on his license and a fine of a few hundred dollars total.

If you have received a traffic citation or face a driver’s license suspension in Berks County or Southeastern Pennsylvania you should consult an experienced Traffic Attorney. The lawyers at Ebner, Nevins & McAllister know how to fight your speeding ticket or vehicle code violation and have a proven track record of favorable results. Call us today for a free consultation.

License Suspension Avoided in Work Zone Speeding Case

Thursday, May 19th, 2011

Today I (attorney Dan Nevins) represented a client in a district court in Berks County PA on a speeding citation in a work zone. My client was charged with operating his vehicle 30mph above the speed limit while in a work zone. Based on Section 3365(c)1-30 of the Pennsylvania vehicle code this could mean an automatic 15 day suspension and 5 points on his driver’s license. Luckily, I was able to discuss the matter with the State Trooper who agreed to reduce the charge based on the specific circumstances. In the end, my client pled guilty to a 2 point offense with no license loss.Inflatable Ball

Our firm regularly represents individuals charged with traffic violations in Berks County and throughout southeastern Pennsylvania. When your license is at stake it is important that you retain counsel to protect your interests. Please call our firm for a free consulation for your traffic court matters.

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.

Appealing Traffic Citations Saves Points on Drivers’ Licenses

Friday, April 22nd, 2011

This week I (Attorney Dan Nevins) represented two motorists in Summary Appeals who had been charged with speeding violations in Berks County, PA. In each case I was able to negotiate with the Commonwealth to reduce the violations to save my clients both money and points on their licenses. As we have posted before, the Pennsylvania vehicle code calls for points to be assigned based on how fast over the speed limit a driver was operating his or her vehicle. Accumulate enough points and a driver is facing a Departmental Hearing and/or a License Suspension or even a License Revocation.inflatable water slides

If you are worried about points on your license then it is important to contact a qualified Berks County Traffic Attorney when you are facing a traffic citation in Reading or Berks County, PA. It may be possible to negotiate a reduction in charges at the time of the hearing before the district judge. If you have already pled guilty or been found guilty, then you may be able to exercise your appeal rights before the Berks County Court of Common Pleas. Our firm regularly represents drivers with licensing issues in the Courts of Berks County, PA as well as throughout eastern Pennsylvania. Please call out office for a free initial consultations for your Traffic or Drivers License issue.commercial inflatable water slides for sale

Client Avoids Automatic Departmental Hearing in Speeding Case

Friday, February 18th, 2011

This week I represented a man charged with violating the PA Vehicle Code at Section 3362(c)(1)(i) – Excessive Speed in a 65 mph zone. In this case my client was charged with topping out at 112 mph, placing his violation in the highest tier or more than 31 mph over under Section 1535. This is significant since such a violation triggers a mandatory departmental hearing with PENNDOT. Additionally, such a violation would result in 5 points on his license.
In this particular case I was able to negotiate with the state trooper who had stopped my client on the Pennsylvania Turnpike. I had previously advised my client to participate in a voluntary safe driving program to show initiative to the court. This participation, coupled with my client’s work history and lack of significant driving record helped my negotiation to be a successful one. In the end we pled to an amended citation of 15 mph over and as a result my client only suffered 3 points on his license. No departmental hearing, no suspension.

Our law firm regularly obtains favorable outcomes for individuals charged with violations of the vehicle code or other driver’s license issues. If you are facing a speeding ticket or traffic citation in Berks County, PA or Southeastern Pennsylvania please do not hesitate to contact our office for a free consulation.

PA Supreme Court hands down License Suspension ruling

Thursday, February 3rd, 2011

The Pennsylvania Supreme Court has recently ruled that PENNDOT can issue multiple drivers license suspensions for multiple vehicle code violations occurring during a single incident.  Calling it a case of first impression, the Court, in Strawn v. Department of Transportation found that the Appellant in this case should in fact suffer consecutive license suspensions for a single incident which resulted in charges of DUI, Fleeing and Eluding, Reckless Driving and Failure to Stop.  Appellant had argued that previous case law held that penalties should merge when their is a single criminal episode.  The case law that Appellant cited, however, dealt with Section 1532(c) of the vehicle code.  This is the section dealing with license suspensions for Drug Act offenses, not vehicle code violations.  1532(b), the section dealing with suspensions for vehicle code violations was the section that Appellant was penalized under.  The Court, in rejecting Appellant’sargument, stated, “It would strain the plain meaning of Section 1532(b0 to conclude that one suspension is appropriate for multiple offenses where the statute imposes different lengths of suspensions for distinct Motor Vehicle Code provisions. ” 

While this ruling certainly is a setback for individuals seeking relief from license suspensions, it does not change a general strategy employed in the defense of license suspension cases.  Either through negotiation or litigation I always try to limit the number of convictions for offenses where license suspensions occur.  When summary traffic offenses are attached to a DUI or Fleeing and Eluding case, I negotiate the withdrawal of such offenses.  In other cases, where there are numerous moving violations, I can persuade an officer to permit a plea to a single offense that does not impact you license.  If the matter needs to be tried before the Magistrate or Appealed to Common Pleas, I regularly advocate for clients facing license suspensions.  If you are facing a traffic citation or another charge where your Pennsylvania Driver’s License is at risk please contact my office for a no cost consultation.

Not Guilty Verdict for Trucker in Weight Restriction Case

Thursday, January 13th, 2011

Yesterday, I represented a tractor trailer driver in a summary appeal case of a citation for violation of the Pennsylvania Vehicle Code at 75 PaCSA 4902, Restrictions on use of highways and bridges. This section of the vehicle code makes it illegal to operate a motor vehicle on roads or bridges with a posted weight restriction. Most often this is meant to prevent truck drivers from operating on minor roads or bridges that have not been constructed to bear significant weight.

In this particular case my client had been fined over $3,200 for inadvertantly making a wrong turn. The fine was so large because the weight restriction on this road was 10 tons and his unladen tractor trailer weighed over 33,160 pounds. The law calls for graduated fines depending on how far the vehicle was over the limit.

Our position was that my client did not intend to operate his truck on this road. Instead, he testified that he had made a wrong turn, saw the posted weight restriction and began to make efforts to turn around when the officer stopped him. Fortunately for my client, common sense carried the day and the Judge found him not guilty.

Our firm continues to grow its practice in Traffic and Motor Vehicle Law and Licensing issues. Many clients are CDL Drivers whose livelihood depends on their license. If you are facing a loss of license or heavy fines as a result of a motor vehicle citation please contact our office for a free consultation. For the convenience of non-Berks County or non-Pennsylvania residents we offer no cost, confidential telephone consultations as well.