Legal Blog

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DUI Prescription Drugs

More Common Than Ever: DUI Prescription Drugs 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. You do not have to be drunk in order to be charged with a DUI. Rather, driving while taking common prescription drugs can lead to a Driving Under the Influence of Prescription Drugs, including: Xanax Ambien Methadone Prozac Oxycodone Valium Klonopin A Valid Prescription Can Land You…

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…

Title IX Sexual Assault Investigations

Title IX: A Major Issue For Universities One of the biggest issues affecting universities lately are accusations of sexual assault under Title IX (Nine). Title Nine is a federal civil rights law, and universities will lose their federal funding unless they follow certain Title Nine procedures that seek to prevent sexual harassment and other forms of sexual misconduct on college campuses. Given university funding is on the line, universities are quick to conduct a full investigation even when there is…

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…

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…

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…

Atty. Manchester Represents Man Accused of Vehicular Homicide & Involuntary Manslaughter

TYRONE, Pa. — A Centre County man authorities say hit and killed a PennDot worker earlier this year is headed to trial. “As I’ve said all along, this is just a tragic accident. When they’re talking about speed, all they have is my client’s statement — my client who was just in a serious automobile accident where a man lost his life,” said Brian Manchester, Hu’s defense attorney. “That’s their sole reliance and that’s what the hearing showed. And legally…

Some Defenses For Drug DUI Cases

I was going over the latest PA Bulletin on the minimum detection levels for a case and I wanted to share some information about it because I often get calls on this topic. In summary, if a Schedule I, II, or III controlled substance is not on this list (attached) it isn’t admissible pursuant to 1547(c)(iv). Remember benzodiazepines are Schedule IV so they are not covered by this Bulletin. There are a lot of controlled substances that my client allegedly…

Why Is The Court Requiring A Hearing On Bail?

Bail hearing can be scheduled by either party, either by the Commonwealth or by the Defendant. Most of the time a bail here is requested by the Commonwealth because they are either asking to have the bail increased or to have the bail revoked for some alleged violation of the bail conditions. A Defendant can ask for a bail hearing to either reduce the amount of bail set, to change the type of bail set, or to remove a condition…

Consequences For Refusing A Breathalyzer Test

In Pennsylvania, there are two ways that the Commonwealth can gather evidence that will result in a Blood Alcohol Concentration Level: Now it is important to differentiate that there are two different types of breath test. There is the portable breath test that officers give to you on the side of the road, this test can be refused if you so choose. Then there is the breath test at the police station. This test can also be refused, but if…