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 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 and Labor Day

One of the main days that the police charge people for the crime of DUI in the Commonwealth of Pennsylvania is Labor Day. Defending DUI The reason for this is the state police and other law enforcement agencies frequently establish DUI check points established for the sole purpose of arresting people for Driving Under the Influence. There are several legal rules that exist when it comes to DUI checkpoints. Specifically, the police are required to publish the dates and locations of DUI checkpoints. If the police do not do this, then the evidence obtained by the police from a defendant may be suppressed or kept out of court. Second, the police may stop an individual who sees the DUI check point and then changes the direction of his vehicle so that he can avoid the check point. Finally, at a DUI checkpoint, the police may only ask a driver to submit to sobriety tests if the possess reasonable suspicion that the drive was driving under the influence of alcohol or narcotics. Make sure to contact the DUI lawyers of Kelly & Conte if you were stopped and charged with DUI at a check point.

DUI should I apply for ARD

One question that criminal defendants are confronted with when they are charged with a DUI is should I apply for ARD? The ARD program is short for the Accelerated Rehabilitative Disposition Program. It enables individuals charged with a DUI to have the charges withdrawn and their criminal record expunged upon completion of the ARD program. aggravated assault while DUI The ARD program is approximately six months long for individuals charged with a DUI. And generally, requires that Defendants engage in counseling and perform community service. The ARD program is only available to criminal defendants who are charged with their first DUI in 10 years. Individuals who have done ARD previously generally are not permitted to participate in the ARD program. ARD can only be given by the District Attorney's Office. Therefore, an accused is generally forced to waive his preliminary hearing and for go challenging the DUI by trying to suppress either the stop or evidence obtained by the police.

Dui Defenses

One question that comes up in DUI cases is what defenses do I have when I have been charged with Driving Under the Influence? The defenses that an individual has in a DUI case very much depends upon the specific circumstances of the crime. aggravated assault while DUI The first question to assess is why did the police stop the defendant's vehicle? Typically, the police stop a motor vehicle in a DUI case for a traffic violation such as running a red light, or a stop sign or even speeding. However, defendant's also may be stopped for having a tail light out or not signaling when they are changing lanes. In these circumstances, the police do not have to prove that the defendant knew that he was speeding or had a tail light out at the time he was driving. The only thing that matters is that the police officer had probable cause to believe that the defendant was committing a traffic violation.

DUI Endangering the Welfare of a Child

An individual charged with DUI may also be charged with the more serious crime of Endangering the Welfare of a Child if he is driving drunk with children in the car. The crime of endangering the welfare of a child can be found in Title 18 of the Pennsylvania Crimes code section 4304. Driving Under the influence of marijuana In order to be found guilty of Endangering the Welfare of a Child, the government must prove the following criminal elements beyond a reasonable doubt. First, that the defendant is a parent or guardian to a child under the age of 18. Second, that the defendant knowingly violated a duty of care for the child by violating a duty of protection. Essentially, the government must prove that the Defendant is aware that the child is in a situation that could threaten her welfare as a result of the defendant's conduct. Additionally, this statute does not require that the child was harmed as a result of the defendant's actions, only that their welfare was threatened.

DUI Refusing a chemical test

A major issue in DUI cases occurs when criminal defendants are refusing to submit to a chemical test in a DUI case.  DUI rehab When talking about a chemical test, it is a common test to give after someone is arrested for the suspicion of DUI to see if there was any alcohol or drugs in a person's system. This could either be done threw a blood or breathalyzer test. When engaging in a blood test you are read your rights, which include; implied consent law, no right to attorney, and if you refuse the blood test your license will be suspended for at least 12 months, and 18 months if you have a prior DUI or refusal. Breathalyzer tests are given after the person has been arrested and transported to the police station. A certified operator must conduct these tests, the machine has to be properly calibrated, and machine is works correctly prior to blowing into the machine for the results of the breathalyzer to be admissible. A breathalyzer test should not be confused with the preliminary breath test (PBT), which is given before you are arrested to detect evidence of intoxication.

DUI should I go to rehab?

One issue that arises for defendants who are charged with a DUI is should I go to rehab? Specifically, is it in my legal interest to enter rehab if I have been charged with a DUI? drugged driving This blog will address that very question, however it is important to note that we are only accessing the legal benefits of rehab, not the obvious personal benefits which can come from attending a rehab facility. Rehab can be a life changing event physically, mentally and spiritually. It is highly recommended that any individual that believes that they might have a problem with either alcohol or drugs should attend rehab. An issue that Pennsylvania courts have been struggling with is when should a defendant get credit for prison time when he is not in prison. The statute dealing with this question (section 9760) states that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. The issue that arises in courts is can a defendant be in custody even if he is not in prison? Courts have interpreted the word 'custody, to mean time spent in an institutional setting such as an inpatient or rehabilitation treatment facility.

DUI Crimes Driving while operating privilege is suspended

DUI Crimes such as Driving a motor vehicle while your operating privilege is suspended or revoked can have very serious consequences on your freedom.  DUI marijuanaSpecifically, driving with a suspended license can be found in the Pennsylvania Vehicle Code under Title 75 section 1543. There are two separate portions of section 1543 of the Vehicle Code. The first crime deals with driving on a suspended license that is not DUI related. The second crime and the one that is significantly more serious appears under section 1543b of the vehicle code and deals with driving with a suspended license as a result of a DUI conviction. Specifically, in order to be convicted for these crimes, the government must prove the following criminal elements beyond a reasonable doubt: First, that the accused was driving a motor vehicle on any highway or trafficway in the Commonwealth of Pennsylvania. Second, that the accused's driver's license was suspended at the time of his driving. And finally, that the accused had notice of the suspension of his driver's license either in court or from Pendot.

Dui Defense Probable Cause

One defense used in DUI cases is that the police did not have or had a lack of probable cause to arrest the defendant for DUI. DUI marijuana In order for the police to charge or arrest a defendant with the crime of DUI, they must have probable cause to believe that the Defendant committed a DUI. This typically happens under the following scenario. The police officer is on routine patrol and he sees the defendant driving a motor vehicle on a roadway. He then sees the defendant commit a driving infraction. AT this point in time the officer has probable cause to stop the defendant for a vehicle violation. The officer then meets the defendant. The defendant has blood shot eyes, alcohol on his breath and admits to drinking two beers. At this point the officer now has reasonable suspicion that the defendant is driving drunk and can ask him to submit to field sobriety tests. The officer then gives the defendant field sobriety tests and the defendant fails. At this point the officer clearly has probable cause to arrest the defendant for DUI and to ask him to submit to a blood test.

DUI Chester County Intermediate Punishment Program (IPP)

Facing a DUI in Chester County, Pennsylvania can be a very scary proposition. This is in particularly true if it is not your first DUI. The applicable punishment for DUI's in not only very serious in Chester county, but they are also very serious throughout the state of Pennsylvania. DUI homicide These punishments are determined by minimum mandatories. And these Minimum mandatories are the reason that the Intermediate Punishment Program in Chester County is so highly sought after by many criminal defendants. Minimum mandatories are required punishments that have been mandated by the Pennsylvania legislature and governor. They require that a criminal defendant serve a mandated period of time in prison as a result of being convicted of a DUI. The minimum mandatory penalties for the DUI are based on the number offense that an individual has been convicted of in 10 years and the amount of alcohol or narcotics in the defendant's blood at the time of driving.

DUI Homicide

One of the saddest and most tragic types of cases that seems to occur around New Years Day is the charge of DUI Homicide. DUI Homicide is a particularly tragic crime because it almost always involves negligent conduct by the defendant (drinking too much) that lead to unintended consequences in the form of a vehicle accident and the killing of a completely innocent victim.  aggravated assault while DUIDUI Homicide is a very serious crime and the consequences can be quite severe. Specifically, there is a three-year minimum mandatory for this charge which means that a criminal defendant convicted of this crime has to serve at least the minimum of three years is prison. A judge can also sentence the criminal defendant to significantly more time as a result of the seriousness of the charge. Changes to this statute also appear to be imminent. Various papers have reported that the Pennsylvania legislature is considering legislation that will heighten the penalties for individuals convicted of this crime who have also been convicted for a prior DUI.

Why We Succeed

Preparation.

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...

Experience.

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...

Commitment.

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
disclaimer.

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.

close

West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

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

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

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

Phone: 610-422-7041
Fax: 610-436-0628
Map & Directions