Manchester and Associates

Pennsylvania Criminal & DUI Defense

Vehicular Offenses

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Aggravated Assault by Vehicle

Aggravated Assault By Vehicle Is a Serious Crime in Pennsylvania.

When most people hear the word “assault,” they think of physically fighting or verbally threatening another person. However, if you were involved in a traffic accident whereby someone else was seriously injured, you may be charged with Aggravated Assault by Vehicle. Specifically, the charge of Aggravated Assault by Vehicle is appropriate when someone drove recklessly or with gross negligence and caused a substantial injury to someone else. A common example is road rage that causes serious injuries to another driver or a pedestrian.

Aggravated Assault by Vehicle Is A Third-Degree Felony

Iif convicted you may serve up to seven years in prison, as well as pay fines up to $15,000. Additional prison time will be added if you were texting while driving, or the accident took place in a construction zone, or you were violating a traffic law relating to emergency vehicles such as ambulances or firetrucks.

If charged with Aggravated Assault by Vehicle, the prosecutor must prove three elements in order for you to be found guilty:

First, that you violated a traffic law (e.g. speeding).

Second, that you were driving in a manner that was reckless or grossly negligent that was also in violation of Pennsylvania’s Motor Vehicle Code. A driver will be considered to have been driving recklessly or grossly negligent when it is established that the driver knew they were creating a substantial and unjustifiable risk of serious injury or death, yet unreasonably disregarded such risk and continued in their course of action.

Finally, the third element is that the recklessness of your driving was the actual cause of the other driver’s serious bodily injury. If the injuries sustained by the other motorist or pedestrian did not create a substantial risk of death, or did not cause permanent disfigurement or impairment of a body part or organ, you cannot be convicted of Aggravated Assault by Vehicle.

You should not assume that you will be convicted. Brian Manchester has tried several of these cases and will discuss with you the various defenses that can be raised against the elements mentioned above in order to create a reasonable doubt to a jury about your guilt. Even in the event of a conviction, Brian Manchester can negotiate for a reduced sentence at the sentencing hearing.

Aggravated Assault by Vehicle is a serious charge that will affect you for the rest of your life if you are convicted. Thus, it is crucial to call Brian Manchester who will aggressively defend you and your freedom throughout every step of the litigation process. For a free consultation we can be contacted at 1-800-243-4878.

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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 moments after the accident takes place, and anything you say to them from that point on can be used against you. Thus, you should be
polite, but you should not talk to the police at any point after the accident without a defense attorney present.

What The Prosecution Must Prove
  • You drove in a negligent fashion or were, in fact, driving with a blood alcohol level over the legal limit of .08% and
  • That you actually caused the other party’s injuries, and
  • The other party suffered life-threatening or severe injuries that will lead to prolonged impairment of some part of their body or body parts.
What You Should Know

It is important to know your options if charged with this crime, and you should not assume you will be convicted. Instead, Manchester & Associates has experienced criminal defense attorneys that will discuss several defenses with you.

What We Know

Specifically, Brian Manchester has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys.

Defenses include establishing the victim was at least partly responsible for the accident, some other event (like rainy conditions) played a role in why the accident happened, the victim’s injuries aren’t severe enough under the law for you to be charged with this crime, the evidence against you is weak, and much more.

If the jury has a reasonable doubt about any one of the above three elements, you will be found innocent. Therefore, you need legal representation to ensure you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.

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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:

Relevant facts

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 cautions against using.

Using Real Science To Debunk Bad Science

Compounding the bad science of retrograde extrapolation, the blood test used on my client was a hospital based enzymatic method. While hospital-based blood tests for alcohol are fine for medical purposes, they are severely inadequate and not scientifically supported in the legitimate scientific realm of experts.

These tests are subject to false positives and large uncertainty. Forensic traceability of the tests results is missing and the uncertainty in the results are huge.

Because I had previously looked into the blood testing method used on my client’s blood, as had my expert, we were prepared to take this blood test on before this incident ever happened. In fact, I lectured on the problems with hospital-based blood tests several times nationally.

Filing Motions To Exclude Evidence

So, when I was retained by my client and I identified the method used for testing his blood, I filed several motions in limine (a motion to exclude evidence) to not only attack the scientific problem of retrograde extrapolation, but also the issues with the hospital-based blood test.

The day before the hearing the government’s expert then said he could not opine on the retrograde analysis that he in two different reports said he could. The District Attorney then called me and told me he was dismissing the DUI and Vehicular Homicide While DUI Charge.

This was a great victory for my client and is proof that Pennsylvania DUI charges and even the more serious Pennsylvania Vehicular Homicide While DUI charges can be successfully defended. It can only be done with knowledge of the many different sciences used in the testing of blood as well as the laws pertaining to admission of scientific evidence. That and knowing the right experts to use.

If you are facing a Pennsylvania DUI charge or a Pennsylvania Vehicular Homicide While DUI charge call my law firm at 1-800-243-4878 for a complete and thorough analysis of your case.

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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
  • Ambien
  • Methadone
  • Prozac
  • Oxycodone
  • Valium
  • Klonopin
Second-Degree Felony

Homicide by Vehicle While DUI of Prescription Drugs is a second-degree felony, and the fact that the death was an accident does not mean 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 driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the violation of section 3802.

A Number Of Defenses Available

There are a number of defenses available in cases such as these. In fact many more so than alcohol. The point of prescription drugs is they are prescribed to treat a person for medical issues. More often than not a person on prescription drugs is worse off without them than with them.

Take Adderall for example. It is generally prescribed for attention deficit disorder. Well, a person taking Adderall is doing so to increase their focus, which driving requires. Then if something goes wrong, the government wants to say a person is impaired because they are taking a medication that in reality is designed to keep a person focused.

There is a lot of bad science used by the government in all DUI cases, especially in prescription medication DUI cases. Another example is the government wants to talk about the levels of drugs in a person’s blood.

It is well known in legitimate science that drug levels mean nothing by themselves. Drugs are not like alcohol where certain BAC limits usually show specific signs in people. In fact, the longer a person takes a prescription medication the more tolerant they get of it.

Hire An Attorney As Soon As Possible

Given the severity of this charge, it is crucial to hire a defense attorney as soon as possible, and ideally prior to speaking with the police. When someone dies in a traffic accident, police officers immediately arrive on the scene and will attempt to question you as part of their homicide investigation. You should be polite,but refrain from talking to the police until you have retained a criminal defense attorney to be present with you during all police communications.

As you can see, Vehicular Homicide while Driving Under the Influence of Prescription Drugs is a very serious offense, and it is important to know your options if charged with this crime. Do not assume you will be convicted.

We have specific training in the pharmacology and pharmacokinetics of drugs as well as the testing of them in the blood. My associates and myself will discuss with you in great detail all aspects of your case.

At Manchester & Associates we are experienced criminal defense attorneys that will fight for you and your rights. For a free consultation, we can be contacted at 1-800-243-4878.

 

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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 penalty is up to seven years in prison, $15,000 in fines, and a suspension of license for up to three years.

In addition, time may be added to the prison sentence if the accident occurred in a work-zone or while the driver was texting. Thus, Involuntary Manslaughter While Driving a Vehicle is functionally the same as Vehicular Homicide. Remember, more severe is a DUI Homicide by Vehicle conviction, which is a second-degree felony and the penalty is up to ten years in prison and $25,000 in fines.

To be convicted of Involuntary Manslaughter While Driving a Vehicle in Pennsylvania, conduct more than mere speeding is required. The most common way the prosecutor establishes someone’s guilt is by proving they were driving under the influence of alcohol or prescription drugs.

However, driving without any lights, driving on the wrong side of the road, racing with another car, or any other example where the driver was committing a serious traffic violation and a death occurred can lead to a conviction for this charge.

In addition to prove you were driving recklessly or in violation of a traffic law, the prosecutor must also prove that your driving is what actually caused the death to the other driver or pedestrian. You cannot be convicted of Involuntary Manslaughter While Driving a Vehicle if your traffic violation was not a direct and substantial factor in causing the other party’s death.

Thus, it is important to hire an experienced criminal defense attorney like Brian Manchester to raise defenses that create a reasonable doubt about the causation of the death.

Defenses include:
  • Establishing the death occurred at a time in which you were not committing the traffic violation.
  • The victim was partly responsible for the accident, or some other event (like rainy conditions) played a role in why the accident happened.
  • The evidence against you is weak or ill-gotten, and much more.

If the jury has a reasonable doubt about any one of the above three elements, you must be found innocent.

Brian Manchester has been a criminal defense attorney for almost twenty years and can make sure you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.

 

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States Across The US Are Cracking Down On Distracted Driving Including Texting While Driving?

Washington State has a new law going into effect later this month targeting distracted driving. This new law not only does not allow the use of a cell phone or any handheld electronic device but also does not allow many other forms of distractions such as eating, drinking, and smoking. This is an extreme change in the law that would allow the police to pull you over if they believe you were doing something that could have been distracting you from operating your vehicle safely. Pennsylvania has not gone this far with its ban on texting while driving, but that does not mean that a law like this will not make its way to Pennsylvania in the future.

Pennsylvania’s current law is as follows:

No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call. 75 PACSA § 3316.

The penalty for violating this statute is a fine of $50.00 plus cost.

The Laws in Pennsylvania are stricter on Commercial Vehicle Operators. They not only cannot text while operating a vehicle even if the vehicle is stopped in traffic, they cannot use any handheld cellular device. They must go hands free for everything, or pull off to the side of the road before operating such devices. 75 PACSA § 1621 and 1622.

If you are stopped for using your cell phone the police could use this situation to investigate other crimes such as Driving Under the Influence, Possession of Marijuana or Drugs. If the Police suspect there are drugs in the vehicle they are allowed to search your vehicle. So a simple issue of using your cell phone while driving is not only dangerous, but could led to a full blown search.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

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Vehicular Homicide (also known as Homicide by Vehicle)

If you were involved in a traffic accident that resulted in the death of another driver or pedestrian, you may be charged with Vehicular Homicide.

We understand this may be an extremely difficult and emotional time for you, and the legal implications simply 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.

Vehicular Homicide 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 penalty is up to seven years in prison, $15,000 in fines, and a suspension of license for up to three years. In addition, time may be added to the prison sentence if the accident occurred in a work-zone or while the driver was texting. Thus, Vehicular Homicide is functionally the same as Involuntary Manslaughter While Driving a Vehicle.

Remember, more severe is a DUI Homicide by Vehicle conviction, which is a second-degree felony and the penalty is up to ten years in prison and $25,000 in fines.

To be convicted of Vehicular Homicide in Pennsylvania, conduct more than mere speeding is required. The most common way the prosecutor establishes someone’s guilt is by proving they
were driving under the influence of alcohol or prescription drugs. However, driving without any lights, driving on the wrong side of the road, racing with another car, or any other example where the driver was committing a serious traffic violation and a death occurred can lead to a conviction for this charge.

In addition to proving you were driving recklessly or in violation of a traffic law, the prosecutor must also prove that your driving is what actually caused the death of the other driver or pedestrian. You cannot be convicted of Vehicular Homicide if your traffic violation was not a direct and substantial factor in causing the other party’s death. Thus, it is important to hire an experienced criminal defense attorney like Brian Manchester to raise defenses that create a reasonable doubt about the causation of the death. Defenses include establishing the death occurred at a time in which you were not committing the traffic violation, or the victim was partly responsible for the accident, or some other event (like rainy conditions) played a role in why the accident happened, or the evidence against you is weak or ill-gotten, and much more. If the jury has a reasonable doubt about any one of the above three elements, you must be found innocent.

Brian Manchester has been a criminal defense attorney for almost twenty years and can make sure that you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.

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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 driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the violation of section 3802.

It Is Crucial To Hire An Attorney, Especially Prior To Speaking With Police

Given the severity of this charge, it is crucial to hire a defense attorney as soon as possible, and ideally prior to speaking with the police.  When someone dies in a traffic accident, police officers immediately arrive on the scene and will attempt to question you as part of their homicide investigation.

You should be polite, but refrain from talking to the police until you have retained a criminal defense attorney to be present with you during all police communications.

How Brian Manchester Is Trained For Success

Brian Manchester has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys.

Your Options

As you can see, Homicide by Vehicle While Driving Under the Influence is a very serious offense, and it is important to know your options if charged with this crime. Do not assume you will be convicted, as our attorneys will discuss with you ways in which we can create a reasonable doubt about your guilt should the case go to trial.

Alternatively, we can carefully negotiate a plea deal that would reduce your charges in exchange for a guilty plea. Whichever route turns out to be best for you, Manchester & Associates has experienced criminal defense attorneys that will fight for you and your rights. For a free consultation, we can be contacted at 1-800-243-4878.