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Answering your questions about DUIs. There are now three levels of DUI: Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The new law creates a higher set of penalties for…
Students accused of sexual misconduct will get stronger due process protections under sweeping federal rules announced on May 6, 2020. Title-IX-Final-Rules This is a very positive thing for students accused of sexual misconduct. When someone is accused of a crime, they have the right to confront their accusers in court. They have the right to cross-examine witnesses. Hearsay evidence is not allowed. They have a right to an attorney, and they are afforded the presumption of innocence. The burden of…
Blood tests in hospitals are perfectly fine for use in diagnosing diseases and treating patients. However, when it comes to their use in forensic tests for prosecution purposes, they are bad. The manufacturer of the blood test analyzing machines specifically states that the tests are for diagnostic use only. Hospitals do not follow forensic testing procedures or international standards of measurement. At best they are a guess of what the alcohol level may be. A doctor does not care if…
Before I start to go over some of the basic issues in exposing blood tests in Pennsylvania alcohol DUI cases, I want to give you a brief summary of my journey to get to where I am. I became a lawyer in 2000. My father was a defense lawyer. He represented a lot of people for DUI cases. He was a great lawyer and made a lot of great legal arguments and did well for his clients, but he did…
Part One of this blog: Best DUI Lawyer In Pennsylvania In my previous blog, I discussed the four types of lawyers that defend DUI cases in Pennsylvania. I said that you at least need a lawyer in the third category, but preferably a lawyer in the fourth category. They are out there. Category three are DUI defense lawyers in Pennsylvania who have specialized training in DUIs. Such as field sobriety testing and blood testing. Category four DUI defense lawyers have…
When you or someone you know is arrested for DUI in Pennsylvania, you deserve and should get the best DUI lawyer possible. That is not the question. When a person’s freedom, driving privileges, job, professional license, gun rights, and many other things are on the line everyone wants and deserves the best. The question is how does someone accused of DUI in Pennsylvania find the best DUI lawyer in Pennsylvania? There is no one best person practicing DUI defense in…
On December 24, 2018 the grading of some DUI offenses in Pennsylvania became felonies. Yes – felonies! Prior to that day, the highest grading a DUI in Pennsylvania could get was a first-degree misdemeanor. The maximum punishment was no more than 5 years and a $5,000.00 fine. Now with felony DUI, they are graded as a third-degree felony with a maximum punishment of up to 7 years and a $15,000.00 fine. What is worse is in all but one instance…
I just watched a news conference where the District Attorney of Centre County, Pennsylvania spoke about people Zoom Bombing and how there were multiple investigations going on. He was alleging that people were hacking into Zoom sessions and doing all kinds of craziness. What is Zoom Bombing? Is there actually a crime in Pennsylvania called Zoom Bombing? The answer is no. According to the District Attorney of Centre County Zoom Bombing is when people hack into Zoom sessions that they…
Just as COVID-19 is wreaking havoc across the United States in terms of sickness, deaths, and lost jobs it is also wreaking havoc on the criminal justice court system. In Pennsylvania as of April 2, 2020, the courts are essentially closed down until May 1, 2020. There are some exceptions to the closure of the courts. Cases involving Protection from Abuse Petitions and Orders, certain other emergency petitions, and hearings involving people who are incarcerated are still happening just not…
Up until December of 2018, the only time you could be charged with a felony related to a DUI offense is if someone was seriously injured or killed. If someone was seriously injured the charge would be Aggravated Assault by Vehicle While DUI. If someone was killed the charge would be Homicide by Vehicle While DUI. The actual DUI charge itself was still graded as a misdemeanor even if someone was hurt or killed. On December 24, 2018, that all…
