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Second (2nd) Offense DUI – Reduced Sentence

by | Oct 1, 2010 | Criminal Law |

Recently, I represented a client who was charged with a second (2nd) offense DUI in the Berks County Courts. My client’s blood alcohol content (BAC) was in the so-called “middle range” (75 Pa.C.S.A. 3802(b)), and he was looking at a mandatory 30 days in jail if he was convicted. At the start of the case, I applied my client to the Berks County ARD (Accelerated Rehabilitative Disposition) Program, which is typically reserved for a first (1st) offense DUI. However, since my client’s prior DUI offense occurred nearly ten (10) years ago, and because it took place in another state, I thought it wise to at least make an application to the ARD Program.

As the case progressed, my client was, in fact, denied entry to the ARD Program based on his prior DUI offense. My next step, however, was to file an Omnibus Pre-Trial Motion in an attempt to get some of the evidence in the case suppressed. On the date of the Pre-Trial Hearing, I was approached by the Assistant District Attorney assigned to the case regarding a possible deal. In exchange for my client’s guilty plea, the charged would be reduced to a “general impairment” DUI (75 Pa.C.S.A. 3802(a)), which carries a mandatory 5 days in jail. Although my client was not excited about the prospect of going to jail, 5 days in Berks County Prison is a huge difference compared to 30 days in Berks County Prison.

In the end, my client decided to take the deal. Based on the research and effort that went in to the Omnibus Pre-Trial Motion that I filed, I was able to save my client 25 days in jail.

If you have been charged with driving under the influence in Berks County, Pennsylvania, or Reading, Pennsylvania, and would like to discuss your case in more detail, please contact my office. There is no charge for your initial consultation.



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