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 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.
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.
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.
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.
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.
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.
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.
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.
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.