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.

DiCindio Law, LLC opens newly renovated West Chester Office

DiCindio Law, LLC opens newly renovated West Chester Office building.

Located in downtown West Chester, Chester County, Pennsylvania and built in 1900 – the firm’s building has undergone a top to bottom renovation/restoration with the idea of preserving and repairing the building to the beauty it once was and providing Mike’s client’s with a comfortable and accessible office location and atmosphere.

Mike DiCindio looks forward to continuing to serve his current and future client’s for years to come at this new location.

West Chester Criminal Lawyer and West Chester Personal Injury Lawyer

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What do I do when I am charged with a DUI

One of the first things that people call and ask is, “What do I do when I am charged  with a DUI”

The crime of Driving Under the Influence or “DUI” is likely the most commonly charged crime in Pennsylvania. With law enforcement targeting DUI offenders – people from all walks of life are being arrested and prosecuted.

Anyone who is arrested and charged with a DUI is going to have concerns about what they will be facing moving forward. Will I go to jail? How much is this going to cost? Will my employer find out? How long will I lose my license for? All of these are normal concerns of a first offender or of someone who has prior driving under the influence convictions or arrest. Further, not only are these normal . . . they are questions that are important for you to have answers to. Some things you can do.

1. Write down as much as you can about what you remember from the evening of the arrest. When determining what the best course of action or litigation strategy is for your case every detail may matter and may impact your case or the way in which your criminal defense lawyer proceeds. Nothing is insignificant.

2. Contact and hire an attorney. DUI cases may be common but they still impact your livelihood, reputation, finances and liberty. Now is the time to find an attorney who you trust to protect your interests and defend you in your case. There are no guarantees in criminal law.  Now is the time that you need to have your questions answered and understand what the different potential outcomes may be. While a strategy should be put in place quickly it is important to still understand that we as criminal defense lawyers do not always have all the information needed immeidately in order to properly decide how is best to proceed this early on.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

3. Ask questions. There is no question that you have that shouldn’t be asked. This is a significant event for you and the outcome very well may impact you in some manner for the remainder of your life. You do not want to look back in a few years and question what you did and/or why you didn’t do something with your case. No attorney worth hiring will make you uncomfortable or be bothered by your questions. Some things to think about:

a. Cost
b. Punishment
c. Trial issues
d. Time Frames/Length of the case
e. Pre-Trial Motions
f. Diversionary Courts/First Offender Programs and options
g. Things you can begin to do to help your case

These are just a few of the many things that you should be thinking about and doing when you or a loved one has been arrested and charged with a DUI. If you have any questions or are facing DUI charges call Mike DiCindio directly today.

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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, including West Chester

Teachers charged with DUI / driving under the influence offenses

Driving Under the Influence charges ( DUI ) are one of the most common criminal charges that people face in Pennsylvania and elsewhere. With law enforcement cracking down on DUIs and the prosecutions of these cases becoming more aggressive – it is all the more likely that someone may be unfortunate enough to face DUI charges once in their lifetime.

For some, a DUI conviction leads to only a criminal conviction and driver’s license penalties. For others, it may create professional licensing matters that have the potential to harm their ability to earn a living and continue to work in their field.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Teachers are a group who are potentially susceptible to professional discipline for driving under the influence / DUI offenses. If you are a teacher and are charged with DUI it is important to have a criminal defense lawyer who has the knowledge and experience to handle your criminal case in a proper and aggressive manner while also being well versed in the procedures and policies in your case as they relate to your professional license.

Teachers charged with DUI / driving under the influence offenses may have a duty to report their charges, and/or the dispositions of the charges, to their employers. Each case and school district may be different. Further, there are often services and tools that teachers may have at their disposal (and often times they are unaware of) that may further aid them through this process.

Teachers charged with DUI /driving under the influence offenses are often worried and rightfully concerned about their ability to teach being impacted. If you are a teacher who has been charged with a DUI / driving under the influence offense contact Michael D. DiCindio, Esq. at DiCindio Law, LLC today.

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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, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Credit for Time Served in Inpatient Facilities – DUI Cases

Credit for Time Served In Inpatient Facilities – DUI Cases

When someone has been arrested and is pending trial there are decisions that need to be made based upon the needs of the person and the strategy of the case.  Some of these decisions will be made by the individual and others may be made or dictated to them by the Judge.  One of the decisions is whether or not someone needs to be placed into an inpatient rehabilitation facility in order to address a substance abuse issue.  Most often, this arises out of DUI or driving under the influence / driving while impaired cases.

Voluntary treatment is treated differently than Court ordered treatment

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

What is important to know is that when someone is placed into inpatient as a condition of bail in lieu of pre-trial incarceration they are entitled to have that time spent in inpatient count against any jail sentence they may be later sentenced to. Commonwealth v. Cozzone, 593 A. 2d 860 (Pa. Super. 1991).  Alternatively, if someone voluntarily gone to inpatient on their own accord it may be credited towards their sentence but only if the sentencing Judge, in his/her discretion decides to grant the credit.

The lesson to take from this is that when someone is in the criminal system, facing incarceration and ends up in an inpatient rehabilitation for any reason – his attorney must evaluate any arguments about credit for time spent in rehab that may be available to the client in order to potentially limit the about of time in prison that ultimately must be served.

If you or a loved one needs representation on any criminal matter – contact Mike DiCindio, Esq. directly.


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 and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others 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

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

 

 

DUI Refusal Suspensions . . . In addition to the DUI suspension?

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Driving under the Influence (DUI) cases in Pennsylvania carry with them the possibility of harsh mandatory incarceration penalties, mandatory fines, and the added collateral civil consequence of license suspensions. When someone is arrested for DUI and is asked to submit to a chemical test of their blood or breath (which under the law they have “impliedly consented to”) they may choose to refuse chemical testing. In these DUI refusal cases, there is an added collateral consequence of another suspension for “refusing” in addition to the suspension that comes with the DUI conviction. Simply put, in DUI refusal cases, there are two suspensions. Further, the refusal suspension in no way is dependent upon the DUI conviction. Meaning, a person charged with DUI and who refused chemical testing may beat the DUI case by being found not guilty or otherwise, and still suffer a suspension for the refusal of chemical testing.

In these situations it is important to analyze the arguments that someone may have against the DUI charge as well as whether or not the refusal can be separately proven by PennDOT. If there are issues with the refusal, one has the option of appealing the suspension related to it and putting PennDOT to task. Other times, there may be no issue with the refusal, meaning a person may elect not to appeal or challenge the refusal suspension. Every circumstance and situation is different. But it is important for those in this situation to understand that the suspension for refusing chemical testing is not dependent or related to the DUI case.

An experienced DUI attorney should be consulted if you or a loved one is ever charged with a DUI or DUI refusal offense.

 


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 DiCindio 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.