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

Aggravated Assault by Vehicle while DUI

In previous blog posts the charge of Aggravated Assault by Vehicle was discussed. A related but more severe offense that can be found under the Pennsylvania Code is the offense of Aggravated Assault by Vehicle while DUI.  The statute for Aggravated Assault by Vehicle while DUI specifically requires a defendant to have caused serious bodily injury to another person AND that the injury was caused negligently as a result of a violation of the DUI / Driving Under the Influence statute. If these elements are met, the person has committed a Felony of the Second Degree.

Michael D. DiCindio Chester County Criminal and Personal Injury Attorney

Michael D. DiCindio Chester County Criminal and Personal Injury Attorney

In many of these cases, the major issue in these types of cases often is not whether there was serious bodily injury or whether or not there was a DUI offense, instead the crux of the argument becomes whether the DUI was a direct and substantial factor in causing the accident. In these cases is not uncommon that the Commonwealth as well as the defense teams will employ/consult and/or hire experts who will either support or reject the notion that the DUI was a direct and substantial factor in the causation.

It is important in these cases, as in any other that evidence be preserved quickly, interviews of any witnesses be conducted in a timely manner, and experts be consulted and hired when appropriate.

If you or a loved one is facing prosecution for an allegedly violation of the Aggravated Assault by Vehicle while DUI statute, contact Mike DiCindio directly to discuss your case and begin planning your defense.

Title 75 § 3735.1.  Aggravated assault by vehicle while driving under the influence (Pennsylvania)

(a)  Offense defined.–Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.

(b)  Definition.–(Deleted by amendment).

 


 

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

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.

DUI Suspensions and more – License Options

In Pennsylvania, there are many offenses that, if convicted, carry with them a license suspension for the offender. DUI, certain levels of speeding, possession of a controlled substance and even underage drinking are a few of these offenses.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

When someone has a DUI suspension or one of these other many offenses, their lives are impacted in major ways. Many will not be able to get to work as easily or at all, and even others may not be permitted to stay at their current job or take certain types of employment due to the license suspension.

Pennsylvania has two main types of licenses that may, possibly, provide an offender with the chance to operate a motor vehicle for limited purposes and at limited times despite the suspensions that are in effect.

First, there is a possibility, even with certain DUI offenders, of getting an “Occupational Limited License.” In Pennsylvania, this permits the qualifying offender to operate a motor vehicle only when necessary for work, study, or medical treatment.

Second, there is what is termed a “Probationary License.” This is a once in a lifetime license able to be obtained by qualifying offenders who have had their license suspended for more than 5 years. They must have served a portion of the suspension before applying and the length required to first be served depends on the circumstances of the specific offender and the number of violations/length of suspension. If one qualifies for this license, they are permitted to drive between 6 a.m. and 7 p.m.

An experienced attorney should be contacted to discuss eligibility as well as the process of applying for either one of these licenses.

 


 

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.

DUI Law – Push for Ignition Interlock for First Offense DUI

Mike DiCindio West Chester, PA DUI Attorney

Contact West Chester DUI attorney Mike DiCindio to discuss DUI defense options

Recently, there has been word that there will be a renewed push for new legislation requiring first time DUI offenders to install an ignition interlock system in their vehicle once convicted. Currently, this is not a requirement to a first offense DUI sentence in Pennsylvania. Instead, it becomes a requirement with subsequent offenses.

Ignition interlock systems are expensive and burdensome. Generally, the system does not permit a driver to start the ignition of the vehicle until they have provided a breath sample that does not contain a blood alcohol content. Once they have blown into the system with a clean breath test, the vehicle will be able to start. Also, at certain times while the vehicle is operating, the system will require a breath sample from the driver.

These systems are not cheap. Typically they are leased from an approved vendor, still the cost is great. Beyond that, there has been concerns about the effectiveness of the system because they only test for alcohol, not other controlled substances.

Requiring this for first offense DUI offenders will greatly increase the severity of the first offense DUI sentence a long with the cost. And while there are other states that now have this requirement for DUI first offenders, it remains to be seen if Pennsylvania will be added to that list.

If you or a loved one has been charged with a DUI offense – contact West Chester criminal defense lawyer, Mike DiCindio 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 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.

PBT Tests – When can the results be used against you?

 

A “PBT test”, or preliminary breath test, is a device that allows an officer to test a person’s blood alcohol concentration without transporting them for a formal breath or blood test. These PBT’s are typically utilized by officers in DUI, drunk driving and underage drinking cases. While commonly used and accepted in practice, on scene by law enforcement officers, the results from these PBT devices have been found to be inadmissible in Court. There are certain limited times when they will be admissible – when specific requirements are met. (Which is not common) Also, they are permitted for certain pre-arrest investigative purposes.

west chester DUI lawyer

Contact West Chester DUI lawyer Mike DiCindio to discuss your case

In 2009 the Court in Commonwealth v. Brigidi made clear that the results of PBT tests may be admissible in certain cases (underage drinking matters). This was only if the results were obtained by a device that was approved and listed in the Pennsylvania Bulletin. Further, there was the added requirement of the device being calibrated and correctly checked for accuracy.

In the real world application, PBT tests are typically used for two major things. First, in underage drinking prosecutions, in order to determine if the person underage was consuming an alcoholic beverage. Second, in DUI and drunk driving cases when the officer administers a PBT at the scene of the vehicle stop in order to develop probable cause that the driver of the vehicle was under the influence of alcohol. This would then be a factor in determining if the individual should be arrested and transported for a formal breath or blood test.

If you have been charged with DUI, drunk driving or underage drinking and a PBT was administered by the officers conducting the investigation, it is important to have a skilled criminal defense attorney examine the evidence and represent you in Court in order to protect against inadmissible evidence being used against you.

In West Chester and the Chester County area, law enforcement officers utilize PBT tests regularly. A skilled and knowledgeable Chester County DUI and criminal defense attorney should be contacted if you or a loved one is in this position.

Contact Mike DiCindio today to schedule your free initial consultation and go to the DUI and Underage Drinking sections of the DiCindio Law website to read more about these crimes.

 


 

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.  Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.

Mike DiCindio is a 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 as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.

 

 

Holiday Season = Parties, Drinks and DUI Checkpoints

Chester County DUI Lawyer

If arrested at a Chester County DUI checkpoint contact Mike DiCindio Chester County DUI Lawyer

With the holiday season fast approaching it is important to be aware that police officers in Chester County and elsewhere in the surrounding areas will be conducting DUI checkpoints. Police utilize sobriety checkpoints in their effort to enforce the drunk driving laws in the state, arrest impaired drivers and keep the roads safer for others. While they may seem completely discretionary and random,  in Pennsylvania sobriety checkpoints must conform to judicially created guidelines in order to be constitutional.

When the police decide that they want to conduct a DUI checkpoint, there is a process and procedure that must be followed. The process and guidelines for a constitutionally acceptable DUI checkpoint are known as the Tarbert – Blouse guidelines. This name comes from the two cases in which the guidelines were first announced. The goal of the guidelines was to safeguard against completely arbitrary roadblocks. Further, it makes sure that constitutional rights are not infringed upon at any time during the course of the DUI checkpoint.

The five guidelines that were adopted by the Court in the Blouse case that will allow a checkpoint to be constitutionally appropriate are as follows:

(1) the vehicle stop must be brief and must not include a physical search;

(2) sufficient warning of the existence of the checkpoint is a MUST;

(3) the decision to conduct a checkpoint, as well as the decisions as to time and place for the checkpoint, must be subject to prior administrative approval;

(4) the choice of time and place for the checkpoint must be based on local experience as to where and when intoxicated drivers are likely to be traveling; and

(5) the decision as to which vehicles to stop at the checkpoint must be established by administratively pre-fixed, objective standards, and must not be left to the unfettered discretion of the officers at the scene.
                                                        (See, Commonwealth v. Worthy,  957 A.2d 720 (PA. 2008))

Law enforcement must keep the records of compliance with all of these guidelines. It is not uncommon that while running a DUI checkpoint, some of the guidelines may be missed or not followed. For example, if it is a particularly busy night and the DUI checkpoint has created a large amount of traffic, police cannot arbitrarily begin to allow cars to pass the checkpoint without being stopped – there must be an established “choke point” where, if traffic reaches, the police will then allow cars to pass the checkpoint until it has cleared. Any of these missteps will turn a vehicle stop into an unconstitutional vehicle stop.

If you have been arrested for DUI as a result of a sobriety checkpoint vehicle stop, contact Mike DiCindio directly in order to discuss your case.

 


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.  Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.

Mike DiCindio is a 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 as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.

 

 

DUI law amendment – New and Important Changes

west chester DUI lawyer

Contact West Chester DUI lawyer Mike DiCindio to discuss your case today.

On October 27, 2014, a new Act was passed that has amended the DUI law in Pennsylvania in a few ways. While all are important changes, one in particular solidifies that a second offense DUI offender who has refused testing in now facing a maximum sentence of 5 years.

In 2013, in the case of Commonwealth v. Musau, the Pennsylvania Superior Court ruled that the sentence of 90 days to 5 years of imprisonment was illegal, and ruled that the maximum sentence allowable for a second offense DUI when the individual refuses chemical testing is six months.

A skilled DUI lawyer should be consulted with no delay after being arrested for a DUI offense.

The law, as now amended, has addressed the language in the statute that created the argument advanced by Musau’s attorney. Therefore, now a second offense DUI when the accused refuses chemical testing is clearly a charge punishable by a 5 year maximum.

It is now crucial that when one is accused of a second offense DUI and they refused chemical testing that a skilled and knowledgeable DUI attorney is retained to evaluate the case and properly advise and guide one through the process.

Contact Mike DiCindio today to schedule your free consultation.

“Per se DUI in Pennsylvania”

Chester County DUI Lawyer

Contact West Chester DUI lawyer and Criminal Defense Lawyer Mike DiCindio

Under the current Pennsylvania DUI Laws, the prosecution does not always need to prove that a driver was “impaired” or “intoxicated” while operating a motor vehicle in order to prove they were guilty of DUI. The Pennsylvania DUI statute as it currently stands provides for what are called, “per se” levels – levels of drugs or alcohol, that if found in the blood within two hours of operating a motor vehicle, one is guilty of the offense of DUI.

In Pennsylvania the legal limit for alcohol is .08%. Therefore, if someone is found to have a blood alcohol content of .08% or above, within two hours of operating a motor vehicle, he/she is guilty of “per se” DUI whether or not impaired or manifesting the signs of intoxication.

While this may be true by the letter of the law, in a practical application there are very few situations where someone should be charged with DUI without manifesting signs of intoxication or consumption. This is because before an officer is permitted to transport someone for chemical testing, there must be some facts or indications that provide a legal justification to take him/her for such a test – the blood test must be supported by a sufficient level of legal suspicion. (This is in conjunction with the implied consent law discussed in a previous post)

When someone is charged with a DUI, it is crucial to have an experienced lawyer thoroughly analyze the facts and circumstances surrounding your DUI arrest before taking any action or waiving your rights to contest the charges. There is often an argument to be made that the police officer was not legally justified in taking a breath or blood test in the first place.

Contact Mike DiCindio directly to schedule your free consultation today. 

***This blog is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice.  By reading, youunderstand that there is no attorney client relationship between you and the publisher. The blog should not be used, nor is it meant to be, as a substitute for competent legal advice from a licensed professional attorney. This blog also does not discuss all aspects of the topics involved or the bill that has been placed into effect***