How to beat a DUI

How to Beat a Driving Under the Influence (DUI)  Case

     DUI/driving under the influence offenses are some of the most frequently charged criminal offenses in the Pennsylvania. When someone is charged with a driving under the influence (DUI) offense they may immediately feel a sense of hopelessness because their liberty, driving privileges and reputation may be impacted.  This article is not meant to highlight some of the main ways someone can challenge a DUI case.

     There are programs that may permit you to avoid conviction if you are a first offender. For second or third (plus) offenders there may be treatment court options or intermediate punishment programs. This article is solely meant as an overview of the  litigation points of attack that need to be evaluated in every DUI case. Also, this is not to say that there will ALWAYS be legitimate issues in the following categories – these are the issues that a defense attorney (any worth his/her fee) MUST evaluate before making a recommendation to his client in any DUI case.

     First – the legality of the of the stop: Before any law-enforcement officer may stop a motor vehicle in Pennsylvania they must possess either reasonable suspicion or probable cause. Therefore, the first battle ground in any DUI case is whether or not the arresting officer possessed the needed legal justification to pull over and/or come into contact with the driver of the vehicle.  In these situations if the stop is found to be illegal/unconstitutional then all of the evidence that flows from it will be suppressed. If the stop is suppressed than the case must be dismissed.

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer

     Second –  whether the officer possessed the requisite legal justification to take the driver individual for a chemical test of their breath or blood: Observations, field sobriety tests, defendant admissions, portable breath tests and more play into this evaluation. There are times where there is not the requisite legal justification to take an individual for further/formal chemical test of their breath or blood.  When that is the case the results of the chemical test are suppressed and not permitted into evidence.

     Finally – issues that may present themselves at trial: These issues typically involve two main categories outside of what has already been addressed.  One of the main issues at trial is the factual argument that an individual was not driving. That is not always a defense that is available to him/her for obvious reasons.  Another argument is based upon the scientific accuracy of the chemical tests of the breath/ blood.

     There are many other arguments and defenses that may present themselves in DUI case.  Each and every factual scenario is unique and this is not an exhaustive list by any means.  Before making any decision in any criminal DUI / driving under the influence case – at a very minimum, these issues should be examined, evaluated and understood before deciding on a strategy.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County.

Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

 

 

Driving Under Suspension DUI Related

Under Pennsylvania law and the Pennsylvania vehicle code a person who is convicted of driving under the influence of alcohol or a controlled substance will usually face a suspension of his driving privileges. If someone’s driving privileges are suspended due to a prior driving under the influence arrest and conviction now under what is commonly called “Driving Under the Influence – DUI Related Suspension.”

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Once someone’s license is suspended based upon a prior DUI conviction, your license remains suspended “DUI related” until their privileges are restored. In the event that a “DUI Related Suspended” driver is caught operating a motor vehicle he will be subject to mandatory incarceration of up to 90 days and a mandatory fine. This is called “Driving Under Suspension, DUI Related,” and is charged under 1543(b) of the Pennsylvania vehicle code.

For someone who has been charged under 1543(b) Driving Under Suspension DUI Related, there are often times many ways to defend the case. The Commonwealth must prove that there was valid notice of the suspension given to the Defendant. The Commonwealth must also prove that the driver was in fact the suspended individual. Over everything they also must have had a valid read reason to stop the vehicle.

A skilled criminal defense lawyer will be able to determine whether or not there is a plausible defense theory either to the law or to the facts of a specific situation. If there is not, negotiations may secure a plea to a charge without mandatory incarceration or drastically reduced incarceration – depending on the county as well as the facts of the specific case.

If you or a loved one has been arrested or cited for Driving Under Suspension DUI related under 1543(b) contact DiCindio Law, LLC today, speak directly to Mike DiCindio and begin preparing your defense.

 

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

 

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale