The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 Criminal Defense Attorney | Top 10 Attorney And Practice Magazines | 2019 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

DUI Archives

DUI Actual Physical Control

It is a commonly held belief that an individual can receive a DUI even though they aren't actually physical control of the vehicle. defending DUI cases While that can be the case, there is actually a very precise legal definition of what can constitute a DUI. The most relevant part of the statute is the part about the driver being in "actual physical control" of the vehicle while intoxicated. In order for a driver to be in actual physical control of the vehicle, the officer at the scene must look at the totality of the circumstances including the following three factors. First the officer should establish whether the engine, ignition, and lights were on at the time. Next, the officer must look at the location of the vehicle. The location of the vehicle is very important. If the vehicle was in the middle of a road (moving or not moving) and not off to the side, that would be a pretty clear indication that the driver was in actual physical control of the vehicle.

DUI marijuana

DUI charges involving marijuana are very serious. Although marijuana has been legalized both recreationally and medically in a number of different states across the US, it still remains illegal to operate a motor vehicle under the influence of it. As it stands now, in the Commonwealth, driving under the influence of marijuana puts you in the highest tier of penalties. defending DUI This means that because any amount of marijuana was in your system at the time of arrest, even if it was not currently affecting your mental capabilities, you are still subjected to severe penalties if convicted. Once you speak to your attorney who represents you in your case he will lay out your options. The first option typically involves fighting the case and taking it all the way through trial and proving your innocence there. Another way DUI's marijuana related resolve is through this program ARD. Essentially the ARD program entails similar conditions to probation but at the end of the program, and you have fulfilled all the requirements of it, you can file to have your record expunged. While the expungement will allow you to have a clean record, which will not affect your employment opportunities or interfere with you getting an apartment or something to that effect, if you were to receive another DUI, that DUI will count as a second DUI and you will be subjected to the same penalties as if the first one was never taken off of your record.

DUI can police search my car for smelling like marijuana

One question that arises in DUI cases is can the police search my car for smelling like marijuana. defending DUI cases One of the ways that police obtain the necessary standards that are required to search an individual's property is probable cause. One of the most common ways the police obtain probable cause is through the smell of marijuana. While in some states it has been legalized both medically and recreationally, in the Commonwealth of Pennsylvania however, it is only legalized medically and for those who do not have the license, it remains an illegal drug to possess. The question then becomes, what does it mean for you when a police officer pulls you over and says that he smells marijuana? To start with it, it usually means that the police suspect that there is a presence of marijuana in your vehicle. Because the fourth amendment protects us from unreasonable searches and seizures, the police cannot just outright take you out of your car and search it for no reason. If they smell marijuana they usually can. Luckily, defense attorneys know this and when a stop occurs they look at a number of different factors to determine if the cop was actually smelling marijuana (if marijuana is found during the search, then the officer is usually justified in his probable cause claim) or if the reason for the stop was legitimate in the first place.

DUI refusal

A Dui refusal is a term for when a suspect for a DUI refuses to consent to a breath or blood test. When an officer suspects an individual of driving under the influence (DUI), they will ask that individual to submit to some form of testing. defending DUI cases These include field sobriety tests, breathalyzer or blood tests. While the officer at the scene will deploy every tactic that they have to get you to submit to the tests, you are within your right to refuse to submit to testing. New laws have made it so that a conviction of a DUI refusal charge, which is what you will be charged upon refusal, will land individuals in the same place as if they had submitted to the tests and blown over the legal limits. However, there is a chance that a good defense attorney can help you win against the new charge. It is important to note that it depends entirely on the circumstances surrounding the DUI test refusal. In order to ensure that you receive the best outcome of your case it is important to seek legal representation to go over the facts of your case with you.

What should Pennsylvania drivers know about DUI checkpoints?

If you have never been stopped at a DUI, or sobriety, checkpoint in Pennsylvania, chances are that you have at least seen one or heard about them. At first glance, these types of stops may seem like a violation of your rights. However, the state holds that the dangers posed by drivers who are under the influence of drugs or alcohol outweigh the intrusion of sobriety checkpoints.

DUI Vehicular Manslaughter

One very serious crime that can accompany a DUI charge is Vehicular Manslaughter. Accidents are one of the most common causes of death in the United States. aggravated assault while DUI In the modern era, cars are essential means of transportation for most people but they can cause fatal incidents if operated in an unsafe manner, which in some cases can be considered a criminal offense. One type of criminal offense relating to accidents is homicide by vehicle which is defined in section 3732 of the Pa criminal code. In order to prove that a homicide by vehicle has occurred, the prosecution must prove beyond a reasonable doubt that the individual operating the vehicle acted in a reckless or grossly negligent manner. If the prosecution decides to charge someone under this statute they have the burden of proving that the manner in which the individual was driving meets this standard. It is pretty well established in the law what behaviors constitute reckless or negligent behavior. For instance, talking while on the cell phone could be considered reckless behavior because the act of talking on the phone could be the reason that the fatal accident took place.

DUI Occupational Limited Licenses

Occupational Limited Licenses may be obtained in certain cases when you are convicted for a DUI. DUI marijuana If you have had your driver's license suspended in the Commonwealth of Pennsylvania as a result of a DUI or some other crime, you may still be able to drive under certain conditions thanks to a statute passed that allows the Department of Transportation to issue occupational limited licenses. This type of license allows people who have had their license suspended to drive a non-commercial vehicle to their occupation, work, trade, medical treatment or study. In order to qualify for an occupational limited license, you must first check to see if you meet the standards to apply. Some basic guidelines for who is and is not eligible for this type of license are as follows. If you have had your license revoked, disqualified, or cancelled you are not eligible for an occupational limited license. People are also disqualified from receiving this type of license if they lost it due to any charge relating to DUI. This includes individuals placed on the ARD program due to DUI related charges.

DUI Leaving the Scene of an Accident

One vehicle crime that is related to DUI is Leaving the Scene of an accident. Any driver that is involved in an automobile accident is required by law to stop and provide the necessary information to resolve the situation. DWI Typically, the information that must be presented at the scene of the accident is your name, address, license plate number, and insurance information. It is important to note that Pennsylvania is very strict and specific on what to do if involved in an accident. If a driver does not stop and handle their responsibilities it is a criminal offense commonly referred to as a hit and run. Failure to stop even if there is no property damage and no one is injured, is still considered a hit and run. Officially a hit and run is known as leaving the scene of an accident and the charge for this offense can range from a misdemeanor of the third-degree to a felony of the second-degree. The degree to which the offense is committed depends on whether the driver of the other vehicle was injured in the accident and if there was damage to the other vehicle. If the driver sustained any kind of injury it is a felony of the third-degree. In addition, if the driver was killed in the accident, it is a felony of the second-degree. Finally, if the driver was not injured and there was only damage to the vehicle, it is a misdemeanor of the third-degree.

Aggravated assault while DUI

Aggravated assault by vehicle while driving under the influence DUI is defined under chapter 37 section 3735.1 of the Pa criminal code. Defending DUI cases It states that a person commits this act when they negligently cause serious bodily harm to an individual when they are operating a motor vehicle and driving under the influence. It is important to note that this statute do not pertain to cases where the victim was killed. In addition, a charge of aggravated assault by vehicle while DUI is a felony of the second-degree and carries with it a sentence of up to ten years in prison. In order to be charged under this statute, the common wealth must establish a number of important factors took place in the commission of the offense. First, the commonwealth must prove that the driver's behavior was reckless or negligent. Often times it is the case that the driver was speeding which the state would use as evidence that the driver was acting recklessly.

DUI Field Sobriety Test

One of the main tools that the government has in proving that an accused is guilty of DUI are Field Sobriety Tests. vehicular homicide The Standardized Field Sobriety Test given by law enforcement officers in the Commonwealth of Pennsylvania are typically an accumulation of three main tests, which are performed by drivers during a traffic stop to determine whether or not they are impaired. These three tests typically include the walk-and-turn, the horizontal gaze nystagmus, and the one leg stand. As a result of these tests, police can and will determine whether or not they possess probable cause to arrest a driver on suspicion of driving under the influence. The HGN test is given by an officer who slowly holds a moving object, such as a pen or small flashlight. Three indicators of this test are looked at by the officer and these determine impairment. These indicators include: if the eye cannot properly follow a moving object, if jerking of the eyeball is distinct, and if the angle of jerking occurs before the 45-degree angle.

Why We Succeed


We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...


For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...


We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


West Chester Office
126 W Miner St #1
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Kennett Square Office
110 East State Street
Suite 305
Kennett Square, PA 19348

Phone: 610-314-7066
Phone: 610-422-7041
Fax: 610-344-7585
Map & Directions