DUI. DRUNK DRIVING. DRUGGED DRIVING
How to get a DUI Record Expunged in PA: Obviously, Pennsylvania criminal records are public information. This means that anyone can go to a local courthouse in Lancaster, Pennsylvania or simply look up a criminal record online. This can lead to potentially embarrassing employment situations where an individual has been arrested, charged with, and convicted of a DUI and a background check is performed by a potential employer. In Pennsylvania, under certain circumstances, criminal records can be erased or expunged. Marinaro Law Firm can help.
Appeal Suspension of License for Refusal to Submit to Chemical Testing: A Pennsylvania driver appealed the suspension of his driver's license to the Commonwealth Court of PA, arguing that the trial court lacked sufficient evidence and committed several legal errors. The Commonwealth Court disagreed and affirmed the suspension. Blalock v. Commonwealth, No. 1592 C.D. 2012, opinion (Pa. Commonwealth Court, May 28, 2013). In the order, the court stated that it could only consider whether the trial court abused its discretion, not whether the court got the facts wrong. Since license suspension challenges are a civil proceeding rather than a criminal one, the burden of proof is much lower for the prosecution. Both, the trial court and the Commonwealth Court relied on the arresting officers' testimony that the driver showed signs of intoxication during the arrest. The police stated that the driver exhibited signs of intoxication DUI, such as slow and deliberate movements, slurred speech, confusion, and a "faint to moderate" smell of alcohol. Appellant failed the field sobriety tests. The officer claimed that he read the Form DL-26 warnings to him, which advise of the consequences of refusing chemical testing, and that he signed the form but refused to submit to tests. The Pennsylvania Department of Transportation (PennDOT) suspended appellant's license for one (1) year, which the law permits if a suspected DUI driver refuses chemical testing. He appealed the matter to the Court of Common Pleas and lost.
Criminal Charges for Driving on a Suspended or Revoked License: Obviously, you should not drive while your license is suspended or revoked. If you do and get caught, you may be charged with a Summary Offense, or in some circumstances a more serious crime.
What is ARD? In Pennsylvania, there is a program titled Alternative Rehabilitative Disposition (ARD). This excellent program is used when it comes to criminal offenses that are considered minor. For example, a defendant charged with a first DUI offense may be placed into this ARD program if the District Attorney's Office chooses to do so. The program involves being put on a probationary sentence with strict conditions. This program may include any of the following:
Building a DUI Defense: A driving under the influence (DUI) does not mean the end of your life or your career. Immediately following your arrest, contact our office to learn about avoiding a DUI conviction or reduce the charges. We shall obtain all the pertinent facts involving probable cause, etc. Due to the harsh penalties you need competent, aggressive representation; call: 866-614-6520.