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Client Avoids Jail Time in Berks DUI Case

by | Feb 13, 2013 | Uncategorized |

Attorney Ryan W. McAllister recently represented a client who was charged with a 1st offense DUI in Berks County. Our client was charged with DUI at the “highest rate” since his blood alcohol content was greater than .16%. Therefore, our client was facing a mandatory sentence of 72 hours in jail and a 12 month license loss if he was convicted. In order to avoid the jail time and lower the license suspension, Attorney McAllister initially applied our client to the “ARD” Program. However, based on the specific facts of the case, our client was denied entry into the ARD Program by the Berks County District Attorney’s Office.

Therefore, since our client was denied entry into this special program, Attorney McAllister was left to “fight” the case on behalf of our client. Attorney McAllister filed a Omnibus Pre-trial Motion seeking to suppress the evidence of the blood results based on an illegal arrest. Attorney McAllister also sought to have the charges against our client thrown out on a habeas corpus motion.

On the day of the pre-trial hearing, the assistant district attorney assigned to the case approached Attorney McAllister and offered up a “plea bargain”. In exchange for withdrawing the motion to suppress the evidence and dismiss the charges, the district attorney’s office would allow our client to plead guilty to the reduced charge of a “general impairment” DUI. Although this would still result in a conviction on our client’s record, our client would not have to do any jail time, and there would be no license loss associated with the conviction. It was a difficult decision for our client, but, in the end, he decided on the “sure bet” and took the deal.

Our client was very satisfied in that he received no jail time instead of 72 hours and no license loss instead of 12 months. If you or someone you know is facing DUI charges in Reading, PA, or Berks County, PA, please call us right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to discuss your case in detail at a no-cost consultation.



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