What do I do if I was charged with DUI?
What You Should Do After Being Charged with DUI
After you have been pulled over and charged with DUI, it is more than likely that several questions and concerns are going through your head. At Manchester & Associates, we commonly get the following questions: Am I going to lose my license?
What do I do now?
Do I tell my insurance company?
Am I going to jail? Thus, we thought it would be helpful to post this list outlining the first things you should do after being accused of DUI.
First - Lock Down Social Media
First, make sure that all of your social media profiles (such as Facebook, Twitter, and Instagram) are set to Private mode. Once on Private mode, do not accept any friend or follow requests from people you do not know. One of the most common ways for law enforc...
Loss of Child Custody
A Criminal Conviction Can Cause Loss Of Child Custody
Unfortunately, it is true. A criminal conviction can be used against you in a custody dispute. There is even a statute that covers this. Below is that statute. 5329. Consideration of criminal conviction. (a) Offenses.--Where a party seeks any form of custody, the court shall consider whether that party or member of that party's household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following o...
Juvenile Justice System – Part 2: Child Delinquent Acts
This week we will discuss what to expect if your child is alleged to have committed a delinquent act. The first issue you may encounter is if your child is detained. A child may be placed in detention, prior to a formal adjudication of delinquency, where the detention is required “to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian or custodian or other person able to provide supervision and care for him and return him to the court when required or an order for his detention…. has been made by the court…” In essence a child may be detained prior to a finding of delinquency when the child is a danger to himself or others, where the child may run ...
Marijuana DUI: The Modified Romberg Balance Test
If you asked Dr. Moritz Heinrich Romberg him what his legacy would be while he was on his death bed in 1873, we doubt he would say field sobriety testing for drug and marijuana DUIs. Nevertheless, (former) neurologist Dr. Romberg is now the namesake standardized field sobriety test used to detect the presence of drugs: the “Modified Romberg Balance Test.”
You're Nervous and Sober? To the Police, You're High on Drugs
The Modified Romberg Balance Test begins with the officer instructing the subject to tilt his or her head back slightly, close his or her eyes, and estimate 30 seconds. When he or she believes 30 seconds has gone by, the subject is supposed to tilt his or her head forward, open his or her eyes, and say “stop.” The goal of the Modified Romberg Balance Test is to che...
The Juvenile Justice System – Part 1
Pennsylvania Juvenile Justice Concept & Terms
The juvenile justice system in Pennsylvania is focused more on the rehabilitative needs of the juvenile than on punishment for the offense. Because of this difference from “adult” court, the words used in the juvenile system may not be familiar to those who watch Law and Order and see trials with defendants. This week I will be explaining the different terms that are used in the juvenile justice system. In the following weeks I will be explaining the different processes that are used in the juvenile justice system and the possible outcomes in the system. The first thing to know are the terms that are used in the system and what they mean: a “juvenile” is a person who is between 10 and 21 years old.
Homicide By Vehicle While DUI of Prescription Drugs
Americans More Likely To Be Charged With Homicide By Vehicle While DUI of Prescription Drugs
Have you or someone you know been charged with Homicide by Vehicle While Driving Under the Influence of Prescription Drugs? This charge is also well-known as "Vehicular Homicide While DUI" or "Vehicular Manslaughter While DUI," and has serious consequences of up to ten years in prison and a $25,000 fine for each death caused. Recent surveys show Americans are taking more and more prescription drugs, and as such, police in Pennsylvania are stepping up their enforcement of prescription drug DUIs. Common prescription drugs that can lead to Vehicular Homicide while Driving Under the Influence of Prescription Drugs are: Xanax
Aggravated Assault By Vehicle While DUI
Aggravated Assault By Vehicle While DUI: What is it?
If an accident occurred that caused injury to another driver, passenger, or pedestrian, while you may have been driving under the influence, expect to be charged with Aggravated Assault by Vehicle While DUI. This is a serious crime, and if convicted you face up to ten years in prison and fines up to $25,000. Aggravated Assault by Vehicle While DUI is a second-degree felony, and is defined under PA law as negligently causing injury to another as a result of a DUI violation. Even if the injuries sustained by someone else are not life-threatening, or someone else actually caused the accident, you still may be charged with this crime and should seek a criminal defense attorney immediately. Remember, the police will arrive on scene moment...
Anatomy Of A Successful Dismissal Of A DUI & Vehicular Homicide While DUI Charge
My client was charged with multiple charges relating to the death of his passenger while he was driving his 4-wheeler on a road. Here's how I got his charges dropped:
After he was questioned by the police, he was taken to a local hospital where his blood was drawn. The hospital-based blood test result was a little over .03 which is 250% BELOW the legal limit of .08 for a DUI in Pennsylvania. The prosecutor was not pleased with this result so an expert was retained by them who did a report that my client’s blood was greater than .11 at the time of the accident. The government’s expert used a process called retrograde extrapolation. Retrograde extrapolation is a dubious scientific technique that even the foremost blood test experts in the world including A.W. Jones ca...
Vehicular Homicide While DUI
Vehicular Homicide While DUI; A Second Degree Felony
Have you or someone you know been charged with Homicide by Vehicle While Driving Under the Influence? This charge is also well-known as "Vehicular Homicide While DUI" or "Vehicular Manslaughter While DUI," and has serious consequences of up to ten years in prison along with a $25,000 fine for each death caused. Homicide by Vehicle While DUI is a second degree felony, and the fact that the death was an accident does not mean that the driver is innocent of the charge. The specific charge is codified into law as the following: 3735. Homicide by vehicle while driving under influence. (a) Offense defined.--Any person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to ...
Involuntary Manslaughter While Driving a Vehicle
Involuntary Manslaughter While Driving a Vehicle Is a Life-Changing Offense
If you were involved in a traffic accident that resulted in the death of another driver or pedestrian, you may be charged with Involuntary Manslaughter While Driving a Vehicle. We understand this may be an extremely difficult and emotional time for you, and the legal implications further exacerbate the situation. Brian Manchester can help you through this process by explaining your rights and options, and aggressively defending you throughout the entirety of your case.
How Are You Charged?
Involuntary Manslaughter While Driving a Vehicle is the unintentional killing of another person by breaking a traffic law while engaging in reckless or grossly negligent driving. The charge is a third-degree felony, and the pe...