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Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Legal Blog

November 24, 2020 By admin

← DUI Portal

Ion Mobility Spectrometry

The Tool of Civil Forfeiture

The detection of trace amounts of chemicals on various surfaces has become increasingly important in several areas of law enforcement. A key laboratory technique applied to help with the detection and identification of these compounds is Ion Mobility Spectrometry (IMS). IMS instruments have been used in a variety of applications including explosive detection, airport security, chemical weapons monitoring and drug detection (2).  One specific use of IMS in Pennsylvania is as a tool in the seizure of US currency accused of being connected to illegal drug transactions.

The analysis begins with sample collection. In the case of drug residues, this will be achieved using some sort of unreactive, uncontaminated swab.  The IMS instrument requires that samples are in the gas phase, which means solid collected on the swab will have to be converted to a gas in order to be analyzed. This is accomplished using heat. Once the sample is in the gas phase it can then be swept into the main chamber of the IMS using a flow of gas, most commonly clean, dry air.




Figure 1: IMS schematic. Source: Smiths Detection (www.smithsdetection.com)

The first step to analysis using these instruments is ionization. This is the process through which drug molecules with no charge becomes charged.  Charged molecules, known as ions, can be either positively or negatively charged.  In IMS, ions are most commonly given a positive charge. This is achieved by passing the sample in the gas phase over a weakly radioactive source, Ni63 in Figure 1 above, that emits particles which collide with the drug molecules to cause ions to form.

The second step in IMS is separation. Once the ions are formed, they flow into a drift tube under an electric field and through a series of focusing rings. Ions will travel at different speeds depending on their shape and size, thereby separating compounds from one another as some move quicker through the tube than others.

The last step is detection. Once the ions are separated in the drift tube, they are collected and strike an electrode.  That signal is amplified and recorded by the operating software. The result, a spectrum, is a plot of ion intensity current vs. drift time in milliseconds (Figure 2).



Figure 2: IMS Detector Output as a Function of Drift Time (2)

Drift time refers to the time it takes the ions to move down the tube and reach the detector. Standards of known drug or explosive material are run on an instrument to calculate the reference drift times. This drift time is stored in a library, and when an unknown sample is run, drift times for the sample can be compared to those in the library to determine the presence of target substances.

IMS is only a presumptive testing technique because drift time is not unique to an individual compound.  Ions of the same shape and/or size may travel at the same speed resulting in their instantaneous detection.  This means the method cannot differentiate between certain sets of compounds.  As a result, IMS must be accompanied by another testing method of higher selectivity to ensure results are accurate. Other more selective methods, such as mass spectrometry, can be used to further support the presumptive identification of compounds identified using IMS.

References:

  1. Smiths Detection Canada. IONSCAN 500DT Operation Manual. May, 2013
  2. Cumeras, R. et al. Review of Ion Mobility Spectrometry. Part 1: Current Instrumentation (2015). Analyst, 140(5), 1376-1390.
  3. Hill, H.H. & Simpson, G. Capabilities and Limitations of Ion Mobility Spectrometry for Field Screening Applications (1997). Field Analytical Chemistry and Technology, 1(3), 119-134.

Filed Under: Civil Forfeitures

November 10, 2020 By admin

← DUI Portal

What Happens if I am convicted of a DUI, but I am not from Pennsylvania?

The law does not distinguish between people who are Pennsylvania residents and people who are residents of other States. This means that you will face the same penalties as a Pennsylvania resident would. A conviction for a DUI can carry a mandatory jail sentence, a mandatory fine, and a mandatory license suspension. If you are sentenced to jail you will have to serve that jail time here in Pennsylvania. In addition, because you are not from Pennsylvania you may not be eligible for most of the programs that Pennsylvania offers as alternatives to jail time because they will have difficulty supervising you from another state.

If you are convicted of a DUI in Pennsylvania, Pennsylvania cannot suspend your out of state license. They will, however, suspend your driving privileges in the state of Pennsylvania. The Pennsylvania Department of Transportation will send you your suspension information telling you to turn PA your driver’s license into them. Since you do not have a PA license you need to fill out a PennDOT form that says, “I acknowledge my suspension in the state of Pennsylvania” and state on that form that you are not licensed in Pennsylvania. You will then send this form into PennDOT instead of your driver’s license. PennDOT will hold on to that form until your suspension is up. You will also have to pay a restoration fee and complete any other requirements that are in the suspension information that PennDOT sent to you. Once everything is complete PennDOT will restore your driving privileges in the state of Pennsylvania. The big catch here is if the state where your license is issued from finds out about the suspension in the state of Pennsylvania through reciprocity. If your home state has reciprocity with PA, your home state would be made aware of the PA suspension and they could also suspend your license. The state that issued you your license can suspend your license for an offense that you committed in the state of Pennsylvania. The length of that suspension is dependent on the laws in that state. Your license could be suspended for the same amount of time as Pennsylvania or they could suspend you for a longer period depending on their laws.

Filed Under: DUI

November 10, 2020 By admin

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What Happens to my Driver’s License if I Refuse a Chemical Test (blood test or breath test)?

If you refuse to take to a blood test or a breath test, PennDOT can punish you through civil law by suspending your driver’s license for a minimum of 12 months. If you have a prior refusal, or a prior DUI conviction, or a prior ARD for DUI your suspension will be for 18 months. PennDOT does this by suspending your privilege to drive in Pennsylvania. If you have a Pennsylvania driver’s license, you will be required to send your physical driver’s license into PennDOT. The clock on the license suspension will not start until PennDOT receives your license.

If you refuse a BAC test, the officer will have to fill out the refusal paperwork and mail this paperwork into PennDOT. There is sometimes a delay between the refusal and the filing so there is sometimes an opportunity to intervene before the filing with PennDOT occurs. If not, then PennDOT will send you suspension paperwork and tell you when and where to turn in your license. This suspension can be appealed; however, there is a strict deadline of 30 days to appeal this suspension. This is determined by the ‘mail by’ date on the letter of suspension from PennDOT. These suspensions are in addition to any other suspensions you may receive for the criminal DUI case.

If you have a driver’s license from another State, you will have to send in a form acknowledging your suspension of driving privileges in Pennsylvania. If the state which issued your license finds out about the suspension, they can suspend your license, but this depends completely on each state and their laws handling such matters.

Filed Under: DUI

November 10, 2020 By admin

← DUI Portal

Can I Fight Losing my License for a DUI Conviction?

In most circumstances you cannot fight the license suspension that results from a DUI conviction. However, there are rare circumstances in which you can challenge a license suspension. Those circumstances include when the Court sent the wrong paperwork to PennDOT or when PennDOT attempts to suspend your license when it should not have been suspended. In these rare situations you can challenge the license suspension through what is known as a License Suspension Appeal. This will allow you to challenge the suspension of your license that PennDOT is trying to impose.

Filed Under: DUI

November 10, 2020 By admin

← DUI Portal

Will I Lose my Gun Rights if I am on ARD for a DUI?

If you received an ARD disposition for a DUI, then yes you can own or possess a firearm. Sometimes a condition of ARD is that you do not possess a firearm. In that case, you would not be able to possess your firearm until your ARD supervision was over, even if you have a concealed carry permit.

Filed Under: DUI

November 10, 2020 By admin

← DUI Portal

Can I Own A Gun If I Am Convicted Of A DUI?

The answer to that question depends on the grading of the DUI for which you were convicted.

If you are convicted of a DUI that is graded as an ungraded misdemeanor (M) or a misdemeanor of the second degree (M2), then yes you can own or possess a firearm.

If you are convicted of a DUI that is graded as a misdemeanor of the first degree (M1) or a DUI graded as a felony of the third degree (F3), then no you would not be able to own or possess a firearm. In other words, it would be illegal for you to possess a gun owned by someone else in addition to personally owning a firearm.

If you received an ARD disposition for a DUI, then yes you can own or possess a firearm. Sometimes a condition of ARD is that you do not possess a firearm. In that case, you would not be able to possess your firearm until your ARD supervision was over.

Filed Under: DUI

November 10, 2020 By admin

← DUI Portal

Will a DUI Conviction affect my professional license?

The Pennsylvania Department of State, Bureau of Occupational Affairs oversees licensing certain professions, including Nursing, Medicine, Cosmetology, Real Estate, and others. They are also in charge of determining if action to suspend or revoke a professional license is necessary.

Currently, a DUI conviction may result in a professional license being suspended or even revoked. Starting at the end of December 2020 the Licensing Rules will change. A DUI conviction should only result in action on a professional license if the DUI is “directly related” to the person’s performance of their duties under the license or the nature of the DUI posses a “substantial risk” to the person’s performance of their duties. An offense is “directly related” if the nature of the criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the profession, trade, or occupation for which the individual is licensed. A determination of whether an offense poses a “substantial risk” involves the board looking at 11 factors. They are:

1) Criminal conduct involved act or threat of harm, including property/reputation

2) Facts and circumstances around the conviction

3) Number of convictions

4) Increase in age/maturity since the date of conviction

5) Criminal history, if any, after conviction

6) Completion of education/training, including in incarceration

7) References from employers or others (including from incarceration)

8) Personal rehabilitation

9) Meets other licensing requirements

10) Criminal history while engaged in the occupation

11) Any other factor believed relevant to fitness

If you have a professional license and are charged with a DUI or any other criminal offense it is important to make sure you speak with a lawyer who understands both criminal law and the professional licensing laws that apply in your case.

Filed Under: DUI

November 10, 2020 By admin

← DUI Portal

Can I get sentenced to house arrest if I am convicted of a DUI?

House arrest or in-home detention and sentencing options which allow you to serve part of a jail sentence in your house rather than in a jail. The law has recently changed and “house arrest” is now part of a sentencing possibility known as Probation with Restrictive Conditions. One type of “restrictive conditions” is in-home detention. Regardless of the name, they all refer to the same thing, being able to serve all or part of your jail sentence in your own home. Not every county will agree to house arrest in a DUI case. The law allows you to be sentenced to in-home detention, but not every county has the resources to allow for this type of sentence. In addition, there are several restrictions on whether the county will allow you to serve your time at home on house arrest. Some of those are your residence, who you live with, your history with the criminal justice system, whether or not you live in county, whether or not your home county will allowed you into their program, and many more.

If the county does allow for in-home detention, how much time you spend in in-home detention is a complex question. Some counties will let you do all your jail time on house arrest. Some counties make you do more time on house arrest for the privilege of not going to jail. Some counties make you serve part of your time in jail and the rest of the time on house arrest. Which option would be available to you depends on your specific case and what county the offense occurred in.

Filed Under: DUI

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