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DUI Archives

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.

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.

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