DUI Arrest

dui arrest

Know the Consequences of Dui Arrest in Pennsylvania

1. Charging Process:

After the police officer decides to charge you, he or she will prepare a criminal complaint and an affidavit of probable cause (usually a brief summary of the incident in narrative form) and file it with the local District Judge in whose jurisdiction the offense is alleged to have been committed. This process can take anywhere from a couple of days to several weeks depending upon the officer. The District Judge mails the complaint to you usually via certified and regular mail. Beware, the District Judge will issue a warrant and have you physically arrested if you fail to acknowledge service of this paperwork. In rare circumstances, usually when a driver is from out of state or country, an officer will actually prepare the paperwork while you are in custody following the arrest and you will be taken in front of a District Judge who will set bail. This is called a preliminary arraignment. In either case, you will receive written notice that a preliminary hearing has been scheduled and an order requiring you to get fingerprinted and photographed. It is this process that initiates a criminal history.

2. Preliminary Hearing:

This is a crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect an individual’s right against arrest and detention without probable cause. At this hearing, the Commonwealth bears the burden of establishing a prima facia case that a crime was committed and you are probably the one who committed it. It is not necessary for the Commonwealth to establish that your are guilty beyond a reasonable doubt at this stage. The preliminary hearing is critical to a defendant because it can be used as an opportunity to “discover” facts about your case and set up important pretrial motions for litigation later on in the process. Never agree to waive your preliminary hearing until after you have had the opportunity to speak with an attorney.

3. Arraignment:

This is the date set after your preliminary hearing, about 30 to 60 days after your hearing. You can usually waive your appearance without prejudice to your case. It is primarily an event to advise you of your of rights and deadlines for pretrial motions. If you have an attorney, he or she will advise you of these rights.

4. Pretrial Conference:

This is generally a housekeeping day in which your attorney discusses your case with the District Attorney, often in front of a Judge, and attempts to negotiate the best possible plea bargain or sets a date for trial. It is also an opportunity to speak with the court about pending pretrial motions. It will happen about 6 weeks after arraignment. The date is set by the Court.

5. Suppression or other Pretrial Motion Hearings:

The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.

6. Trial:

Under the new law, you no longer have an absolute right to a jury trial in first offense DUI’s and trial will occur before a Judge – known as a bench trial. In other cases, trial is to a jury of twelve. Trial dates are usually scheduled at the pretrial conference and within two months of the date a jury is selected.

7. Sentencing:

The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time in a State or County prison, in-home detention, treatment (including inpatient), community service, alcohol safe driving classes, counseling, fines and costs. Creative sentencing practice is of paramount importance in DUI cases.

About the Author

Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.

The Best DUI Arrest In History

DWI Defense

dwi defense
Lawsuit against state,violation of fourth amendment?

I was arrested about a year and half ago for DWI, I was able to prove to the court that my fourth amendment rights where violated and the judge agreed with my defense also the DMV reinstated my driving privileges and agreed with the courts,this has been a stressful ordeal that I have been accused of not to mention the financial burden with legal fees 17k to prove my rights where violated,so my? Do I have any legal recourse to recover any monies I have spent from filing suit against California highway patrols office or a personal lawsuit against the officer?

Lawrence is correct, as long as the officer was acting within the scope of his authority(it sounds like it) and as long as he wasn’t doing anything illegal(beating you up, damaging your vehicle, etc), then the principle of sovereign immunity is valid and you would not be able to sue for pain and suffering.

If you could convince a judge that he was acting outside the scope of his authority, then he MAY allow a lawsuit to be brought to court where you would then have to prove your case to a jury.


East Bay Criminal Law Attorney – Fremont DUI/DWI Defense Lawyer

DWI Rules

dwi rules


– As a former prosecutor and now DUI DWI defense lawyer, Michael Discioarro has reached out to the Queens community in order to provide effective defense against DWI DUI cases. Mr. Discioarro’s new website WWW.DWIQUEENS.COM provides specific information regarding how these cases are handled in Queens, NY. 

“The Queens District Attorney has taken a tough stance against DWI DUI defendants.” Mr, Discioarro said. “It is important to have an experienced attorney on your side to get the best results.” 

In most cases, the NYPD now will confiscate a defendant’s vehicle, take his license away and ask the prosecutors for jail time in cases where there has been an accident. In addition, the New York State law was recently changed to make it a felony for a person to be driving drunk while a child is in his or her car. All of these new tough measures will have a serious effect on the lives of those affected by DWI DUI charges. The NY DMV will also try to take your license for a year. 

In addition, the new law also forces those convicted of DWI DUI to install ignition controls to monitor their breath before they start their car. This can lead to several problems. First, if its a family car other people other than the person convicted may drive it. Additionally, often these machines malfunction, leaving a family stranded. 

he Washington State Supreme Court found that the state broke its own rules for maintaining alcohol breath-testing machines and has ruled unanimously that alcohol breath tests in cases of alleged drunken or impaired driving aren’t admissible in court if they haven’t been properly calibrated to reduce inaccurate readings. This, of course, protects innocent drivers from being convicted on the basis of incorrect breath test readings. 

Experts have argued that the machine’s thermometers, which must be absolutely accurate for accurate readings, weren’t properly maintained, were inaccurate, and therefore led to false readings. To reduce this problem, the state adopted regulations requiring periodic verification of the machines’ thermometers. However, the state hasn’t followed its own rules for many years, if ever. One prosecutor complained that “the rules have become our own worst enemy.” This happens regularly in New York. All prosecutors care about is the increase of conviction rates. This is a serious problem. 

Apparently, prosecutors want to increase their conviction rates, regardless of the guilt or innocence of the citizens suspected of driving while under the influence of alcohol. More information can be found onhttp://www.dwiqueens.com

About the Author

former prosecutor now defending the accused in state and federal court

Forced Blood Draw DWI Case Dismissed – Judge Rules Evidence Obtained Improperly

DUI Attorney

dui attorney

Getting the Service of a DUI Attorney Pennsylvania

If you are a resident driver in Pennsylvania who has been caught and charged with a DUI case, getting yourself a competent DUI attorney Pennsylvania is one of the best actions that you could ever make.

A DUI attorney Pennsylvania is someone who is an expert defender of an accused DUI driver. Seeking legal advices from a DUI attorney Pennsylvania will be your best resort to help you be free from the major consequences that are brought upon by the said offense. This DUI attorney Pennsylvania will be your protector as you are facing the charges held against you by the law enforcers.

So how can you find all these DUI attorneys in Pennsylvania? Where can you get the services of the best DUI attorney Pennsylvania?

DUI attorney Pennsylvania can be easily found and contacted in the DUI attorney site in the said city. If you are charged with the said case, all you have to do is visit the site, enter some information about you like your name, location and the DUI case that you are experiencing as of the moment and the operator from that site will direct you to a DUI attorney Pennsylvania that is assigned in your area who has chosen to advertise his name in the site where you have visited. That’s how easy it is. And then, you can immediately have a conversation with that DUI attorney Pennsylvania that you have chosen. Be very sure that you relay everything to this DUI attorney Pennsylvania for him to be able to make all the possibilities of helping you win your case. If this happens, you might be acquitted from the crime that you have committed or you may only face the minimal charges that will result from the offense that you have made.

DUI attorney Pennsylvania is very helpful for you when you encounter DUI cases. Nevertheless, be very certain that you know how to find ways on contacting one so you can be able to seek legal advice from him/her. A DUI attorney Pennsylvania is always ready to lend a hand to those who are facing these DUI trials and just by chance you are one of them, you can simply make your way to contact them. Visit a DUI attorney Pennsylvania site and go get the service of the best DUI attorney Pennsylvania to help you with your case.

About the Author

Troy Cadrein is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com/Pennsylvania

Illinois DUI Attorney| Donald Ramsell Wheaton, Illinois

Traffic Attorney

traffic attorney
This might be a longshot. a friend (really) needs a good traffic attorney in Pierce County, WA. Any names??

I would suggest the yellow pages. Most attorneys will provide an initial consultation for free. Go talk to a couple of them, you can listen to what they have to say and decide from there.

NY Traffic Lawyer

Arrested For DUI

arrested for dui

Celebrities Who Have Been Arrested For DUI

Drinking and driving is not only illegal, but it is dangerous and can result in the loss of lives, even your own. Because of their public visibility, there have been a number of celebrities who have been in the news for being arrested for a DUI. (Driving Under the Influence) Below is a list of celebrities who have been arrested for DUI:

Richie Sambora: Bon Jovi guitarist, Richie Sambora, was arrested for drunk driving in Laguna Beach, California on March 25 2008. His BAC was reportedly .13%. His daughter and another child were in the car at the time of the arrest. Sambora and Prosecutors made a deal that called for Sambora to plead no contest to driving with blood alcohol content above the legal limit. In exchange the district attorney dropped the more serious charge of California DUI. Sambora also was ordered to complete a three month alcohol awareness class and pay court fees.

Stephanie Pratt: One of the star’s of the MTV reality show, ‘The Hills,’ Stephanie Pratt was arrested for driving under the influence in Los Angeles on October 18, 2009. She was pulled over in Hollywood about 3:45 am and booked for suspicion of California DUI. She posted $5000 bond and was released on Sunday.

Charles Barkley: Former NBA player Charles Barkley was arrested for DUI in Gilbert Arizona on December 31, 2008. Barkley was stopped by police for running a red light in Old Town Scottsdale. His blood alcohol content was reportedly .149%. Barkley pleaded guilty and was sentenced to 10 days in jail; however, five of those days will be suspended if Barkley completes an alcohol treatment program. He was also fined more than $2,000. Barkley was a member of the Phoenix Suns in the NBA and is at present, a sports analyst for TNT.

Chad Kroeger: Nickelback band lead singer Chad Kroeger was arrested in Vancouver, British Columbia, Canada in June 2006 for DUI. Kroeger was stopped for speeding in his Lamborghini. The officers detected alcohol and administered a breathalyzer test. Kroger’s blood alcohol level registered .14% and he was charged with drunk driving. He lost his driver’s license for one year and was fined $590.

Mel Gibson: On July 28, 2006, actor and film producer Mel Gibson was arrested in Malibu California for driving under the influence. Gibson entered a no contest plea to the CA DUI charges. He was sentenced to three years probation and fined $1,300. He also had his license suspended for 90 days and was ordered to enroll in an alcohol abuse program and attend Alcoholic Anonymous meetings.

Khloe Kardashian: Reality television show star Khloe Kardashian, star of ‘Keeping up with the Kardashians,’ was arrested in 2007 for driving under the influence in California. Kardashian was sentenced to 36 months of probation and was required to complete community service and attend alcohol education classes. Because she failed to do both, Kardashian was sentenced to 30 days in jail, but only spent five hours incarcerated due to overcrowding in the jail. Khloe Kardashian was also on the television show, ‘The Celebrity Apprentice.’

It is important not to follow the example of celebrities who drink and drive. You could receive a big fine, lose, your license, and possibly go to jail. According to the National Highway Traffic Safety Administration’s Traffic Safety Data, “In 2008, an estimated 11,773 people died in drunken driving related crashes.”

About the Author

When you need a criminal lawyer Toronto, We provides effective and affordable legal services to Canadians charged with highway traffic, criminal, or commercial vehicle offences by DUI lawyer Toronto.

Former Bengals Quarterback Arrested for DUI


dui dwi
What is the difference between DUI & DWI?

I know driving under the influence and the other is driving while intoxicated, but is one worse than the other or just different ways of saying the same thing?

DWI means that you’re drunk.
DUI means that you’re under the influence of something – could be alcohol or something else, such as certain prescription medicines that cause impairment.

Cheap SR22 Insurance Quotes DUI DWI

Felony DUI

felony dui
What is the penalty for a felony DUI with great bodily injury?

1)This is the persons first time offense.

2) Had a blood alcohol of over three times the legal limit.

3) It is in the state of California.

What is his most likely sentence? jail time?

A violation of Veh C 23153 (driving under the influence and causing bodily injury — it need not be great bodily injury) can be filed as a misdemeanor or a felony. As a felony it has a maximum sentence of three years in prison, as a misdemeanor a maximum sentence of one year in jail. For a first offense, probation is the most likely outcome. Whether prosecuted as a felony or misdemeanor, that will involve at least 5 days in jail, a fine in the area of $1,900, and a one-year license suspension. (Veh C 23554, 23556.) There will also be required restitution to the victim, unless the defendant’s insurance company paid for it (and a lot of insurance companies do not cover damages caused by drunk driving). That means that the defendant has to pay even if the victim’s insurance company also paid.

Felony DUI

Drunk Driving Laws

drunk driving laws

How A Drunk Driving Lawyer Can Help You

Many people don’t realize the importance of drunk driving lawyer until they face a DUI charge. A drunk driving attorney can work hard to win your case. Hiring such a lawyer has several advantages. Even if you are not aware of all the benefits you should hire a lawyer simply because he knows the legal scenario much more than you do. The lawyer will be aware of the legal rights to take you out of the specific charge brought against you. Once you are arrested things become difficult for you to handle. You become puzzled and take steps that can actually worsen the case for you. But the lawyer can prevent you from making any mistake further.

You can still handle a simple case but if the DUI charge is serious chance is less that you will be able to defend yourself. If the situation is that difficult it is better that you hire a drunk driving lawyer because he will know exactly how to defend you in the court. You don’t have the required experience to talk to the judge or the juries or prosecutor. So it will be a wise decision to let your lawyer handle the case.

A drunk driving lawyer undoubtedly knows the law far more thoroughly than you do. He is well aware of all the intricate details. His years of experience can save you from any unwanted punishment if you are not guilty.

However there are certain misconceptions about all lawyers and the case is no different for a drunk driving lawyer. Even if he is a very skilled lawyer he is not a magician. He can not do miracles. If you are really guilty a lawyer can not save you from punishment. If it is true that you have driven drunk and injured or killed someone you can not escape the situation. There is little chance that you can get away with a fine after you have killed someone. People think that lawyer can save them in any situation even it is as serious as taking away someone’s life.

The reality is just the opposite. The truth is that if you have injured or killed someone as a result of drunk driving you will have to face jail time. Now you must be thinking what is the need of hiring a lawyer in such case? Yes, even if you can’t escape imprisonment you should hire a lawyer. An experienced lawyer can at least reduce your sentence to some extent especially when you are really guilty.

Tennessee drunk driving law is strict enough and ensures that the guilty doesn’t escape punishment. So it is almost impossible for you to handle the case in the court. Hire a Tennessee Drunk Driving Lawyer to take you out of the situation if you are not guilty and reduce your punishment if you are guilty. A drunk driving lawyer can best fight when you are a first time offender. The more serious the DUI offense the more difficult it becomes to handle the case. But a lawyer can still take the case in your favor. So leave the idea of taking things in your hand and take professional help.

About the Author

Archer Gomes is a drunk driving lawyer who writes articles on various topics including drunk driving injury. To know more about Tennessee Drunk Driving Lawyer he recommends you to visit: www.nashvillecriminallawyer.com

Funny DUI


nys dwi law
Question about nys dwi common law opposed to an atv vtl 2404 1h?

Was wondering if anyone knows about aggravated DWI and DUIi common law opposed to the nys vtl 2404 1h which is driving under the influence of alcohol or drugs on an atv. I cant find any information anywhere on this charge and I believe that the charge I should have received instead of the common law DWI and aggravated DWI. Any help would be greatly appreciated, and any knowledge on the penalties and fines for the 2404, thanks in advance.

I know a little bit… the penalty is as though you were driving an automobile.. meaning you lose your license for a year, etc…