Monday, July 4, 2016

Memorial Day Weekend D.U.I.

WHAT DO I DO WHEN I AM STOPPED BY POLICE AND D.U.I. IS SUSPECTED?

If you are celebrating Memorial Day weekend, and drinking makes up a part of that celebration, what do you do when police stop your vehicle and suspect DUI?  This is Attorney Joseph Paletta, and much of my legal experience is in the specific area of Driving Under the Influence of Alcohol (DUI) defense, as is a significant part of my law practice today.
This blog addresses a stop of your vehicle by police under common, notextraordinary* circumstances.  First, you should follow the instructions of the police in a respectful manner.  Police are always looking for evidence of a driver who may be under the influence, and being argumentative, not cooperative, with police can be used as a piece of evidence that contributes to a finding of Probable Cause that you are driving under the influence.  
However, and this is the purpose of this blog, if police ask you if you have been drinking, I advise that you not answer that specific question with a yes.  We all have a constitutional right not to incriminate ourselves.  When police ask you if you have been drinking, they are asking you to incriminate yourself without advising you that you have a constitutional right not to do so.  They  are either attempting to confirm other evidence i.e. an odor of alcohol, to order a breath or blood test, or they are attempting to create a reason to order a breath or blood test when they have little or no other evidence.
So if police ask the question have you the driver been drinking, what do you do?  You can respectfully decline to answer that question, which is your right.  You can also ask the police if you have the right not to answer.   I understand that what I describe is difficult under the traumatic and difficult circumstance of a traffic stop, but this may permit your lawyer to present a defense on your behalf to the probable cause, or the opinion of intoxication. 
* “extraordinary circumstances” means for example that this is your 5th or 4th or even 3rdDUI stop within 10 or fewer years which could result in a penalty of a year in state prison, and the same advice may not apply to all issues.
Joseph A. Paletta, Esq.
www.palettalaw.com
#DUI
#MemorialDayWeekend
#TopDUIAttorney

Friday, June 10, 2016

The Legal Intelligencer: Parties Spar Over Alternative DUI Testing at Arguments

A recent article from the Legal Intelligencer:
Parties Spar Over Alternative DUI Testing at Arguments
A lawyer representing a Luzerne County attorney who declined chemical testing for allegedly driving under the influence argued before the state Supreme Court that motorists suspected of DUI should be given a choice of being tested for blood alcohol content.....
http://m.thelegalintelligencer.com/module/alm/app/pa.do#!/article/1743524203
#DUI
#BAC
#ChemicalTest
#ChemicalTestRefusal
#Breathalyzer

Thursday, March 3, 2016

South Hills DUI Task Force St. Patrick's Day DUI Checkpoints & Roving Patrols


As St. Patrick's Day approaches and celebrations begin, law enforcement agencies increase efforts to target impaired drivers by conducting DUI checkpoints and roving patrols. 

According to an article on triblive.com (link included below) the South Hills DUI Task Force will be conducting their operations March 11-19.

For additional details click the link below for the article posted by the trib.
South Hills DUI Task Force to conduct enforcement for St. Patrick's Day holiday

Wishing everyone a happy, safe & fun St. Patrick's Day!

Aimee
Paralegal to Attorney Paletta

Source: http://triblive.com/news/allegheny/10073314-74/hills-dui-south

#STPATRICKSDAY
#PITTSBURGH
#DUICHECKPOINTS
#DUI

www.palettalaw.com
412-391-7999

Officers Seeing Dramatic Rise In Drug-Related DUIs « CBS Pittsburgh

Officers Seeing Dramatic Rise In Drug-Related DUIs « CBS Pittsburgh

Monday, January 4, 2016

Top States For Drunken Driving Arrests - TheStreet

According to an article published on thestreet.com (see the link below for the full article)  carInsurance.com crunched the latest FBI data to reveal which states have the highest number of DUI arrests...

10. New Mexico (tie)
10. Idaho (tie)
9. Kentucky
8. Nebraska
7. Alaska
6. Hawaii
5. Colorado

4. Mississippi
3. Wyoming
2. South Dakota
1. North Dakota

Top States For Drunken Driving Arrests - TheStreet
http://www.thestreet.com/story/13408350/5/top-states-for-drunken-driving-arrests.html

Posted by Aimee, Paralegal to Attorney Paletta
Aimee@palettalaw.com

Wednesday, August 19, 2015

Local Law Enforcement participates in National Labor Day "Drive Sober or Get Pulled Over"

#DUICheckpoint
#LaborDay

Strict DUI enforcement now through Labor Day. Local law enforcement participating in the national DUI crackdown for the Labor Day "Drive Sober or Get Pulled Over"

http://m.wpxi.com/news/news/local/pennsylvania-participating-national-dui-crackdown-/nnLsL/

Posted by Aimee, Paralegal to Attorney Paletta

Thursday, August 13, 2015

Targeting Impaired Drivers August 16th through Labor Day

Today news sources announce that law enforcement in Pennsylvania will target impaired drivers August 16th through Labor Day.
Be prepared for increased DUI patrol & DUI Checkpoints throughout the state.
Visit our website to learn what rights you have if stopped on suspicion of D.U.I.
#DUI
#DUICheckpoints
Posted by Aimee, Paralegal to Attorney Paletta

Results of 8/1/15 checkpoint in Robinson Twp.

#DUI

Results of 8/1/15 DUI Checkpoint below.
This information was found on Bellevueboronews.com

The West Hills DUI Task Force Results:

On 08/01/15 the West Hills DUI Task Force, in cooperation with the City of Pittsburgh Police Department, conducted a sobriety checkpoint on Steubenville Pike (Rt 60) in Robinson Township. This operation ran from 2230 hours until 0330 hours. -786 cars passed through the checkpoint -11 people were arrested for DUI -14 citations were issued various traffic violations Officers from Bellevue Borough, Coraopolis Borough, Crescent Township, Edgeworth Borough, Findlay Township, Kennedy Township, Leetsdale Borough, Moon Township, North Fayette Township, Ohio Township, City of Pittsburgh Police, Robinson Township, and Sewickley Borough took part in the operation.

Source: www.Bellevueboronews.com

DUI Checkpoints This Weekend

#DUI

News sources announce DUI Checkpoints planned for this weekend....

http://m.wpxi.com/news/news/local/dui-checkpoints-planned-weekend-north-hills/nnH3s/

#DUICheckpoint
#SobrietyCheckpoint

Monday, August 10, 2015

Westmoreland County to increase DUI checkpoints

#DUICheckpoint
#DUI

Sometime in October Westmoreland County drivers can expect to see an increase in DUI Checkpoints according to an article published on the post-gazette.com.

Read the full article by clicking the link below....

http://www.post-gazette.com/local/westmoreland/2015/08/07/PennDOT-grant-to-support-DUI-checkpoints-in-Westmoreland-County/stories/201508070063

Posted by Aimee, Paralegal to Attorney Paletta

Monday, June 22, 2015

4th of July DUI Checkpoints starting now in Pittsburgh

#DUICheckpoints - 4th of July

Usually we expect to run into a few DUI checkpoints 4th of July weekend, but this year expect them even sooner.

According to news sources police will be conducting DUI Checkpoints & targeting impaired drivers even earlier than expected.  Sources say this will take place in the weeks leading up to July 4th.

You can read the article CBS Pittsburgh published by clicking the link below.  & remember to visit our website Paletta Law to learn more about what to do if you're stopped on suspicion of D.U.I.

Law Enforcement Conducting DUI Checkpoints In Weeks Leading Up To July 4 « CBS Pittsburgh

This blog was posted by Aimee Peel, Paralegal to Attorney Paletta

Wednesday, June 17, 2015

DUI Checkpoints scheduled

DUI Checkpoints scheduled in Pittsburgh -

http://www.post-gazette.com/news/transportation/2015/06/17/DUI-checkpoints-scheduled-in-Pittsburgh-region/stories/201506170208

Thursday, May 28, 2015

DUI Checkpoints scheduled for the weekend

According to news sources DUI checkpoints are scheduled for this weekend.

The West Hills DUI Task Force along with the Pennsylvania State Police will be conducting checkpoints and targeting impaired drivers. 

Although exact locations are unknown at this point, The West Hills DUI Task Force consists of Officers from Bellevue, Crescent Township, Leetsdale, Moon Township, Ohio Township, Robinson Township and Sewickley police departments.

http://www.wtae.com/news/dui-checkpoint-and-roving-patrols-in-west-hills/13516970

#DUI
#DUICheckpoint
#PittsburghDUIAttorney

Posted by Aimee, Paralegal to Attorney Paletta

Friday, May 22, 2015

Tips from PA DUI Association

Pennsylvania DUI Association:
Tips on how to prevent driving under the influence of alcohol.

http://www.google.com/newsstand/s/CAIiSENBRVNNSFJoWnpwbmIyOW5iR1V1WTI5dExESXdNRFU2Y21WaFpHVnlMMmwwWlcwdk1tRTFOalZrT1RjNE0yWmlaR1V5WmlnQSpYCAQiENQdjNmPALIE6YAJmOz4Qn4qQggAIhDUHYzZjwCyBOmACZjs-EJ-KiwICiImQ0FFU0ZtaDBkSEE2THk5d1lXUjFhUzV2Y21jdlptVmxaQzhvQUFQAVAB

#DUI
#DUILawyer

Thursday, May 21, 2015

State Police holding checkpoints

Statewide checkpoints over Memorial Day Weekend...

State Police holding checkpoints | Milford PA | Local News:

'via Blog this'

#DUI
#MemorialDayWeekend

DUI checkpoint planned for Memorial Day weekend in York County - The York Daily Record

DUI checkpoint planned for Memorial Day weekend in York County - The York Daily Record:

'via Blog this'

#DUI
#MemorialDayWeekend

Police urge responsible driving this Memorial Day weekend | NorthCentralPA.com

Police urge responsible driving this Memorial Day weekend | NorthCentralPA.com:

'via Blog this'

#DUI

#MemorialDayWeekend

Police in Berks County stepping up DUI enforcement efforts as long holiday weekend begins | Reading Eagle - NEWS

More Memorial Day Weekend DUI Checkpoints...

Police in Berks County stepping up DUI enforcement efforts as long holiday weekend begins | Reading Eagle - NEWS:

'via Blog this'

#DUI
#DUICheckpoint

MEMORIAL DAY WEEKEND CHECKPOINTS: State Police plan Mercer County sobriety checkpoints - WFMJ.com News weather sports for Youngstown-Warren Ohio

State Police plan Mercer County sobriety checkpoints - WFMJ.com News weather sports for Youngstown-Warren Ohio:



'via Blog this'

DUI checkpoints are legal, but are they worth the effort and intrusion? (poll) | lehighvalleylive.com

A recent poll was taken on the topic of  DUI Checkpoints...read more about the poll & the results by clicking the link below





DUI checkpoints are legal, but are they worth the effort and intrusion? (poll) | lehighvalleylive.com:



'via Blog this'

Sunday, March 15, 2015

ST. PATRICK’S DAY SURPRISE: A D.U.I. ARREST IN PITTSBURGH

   If you decided to drive after a St. Patrick’s Day celebration, and that resulted in an arrest for Driving Under the Influence of Alcohol, you may feel alone, scared and unsure of what to do next.  I know because I talk to good people every day who feel the same anxiety as a result of a D.U.I. arrest.  When you have a medical emergency you call a doctor; when you have a legal emergency like a D.U.I. arrest, call a lawyer. 

   This is Attorney Joseph Paletta, and I specialize in D.U.I. defense.  If you would like to have a free ½ hour consultation with me, please call my office 412.391.7999 to make an appointment, or e-mail me at either  joseph@lawyerpaletta.com or aimee@lawyerpaletta.com.   I can review your paperwork, hear your side of the story, and advise you of what to expect out of a D.U.I. prosecution.  Allow me to be the Solution to your D.U.I. problem.

Friday, February 6, 2015

FIRST TIME D.U.I., the IMPLIED CONSENT LAW, and LICENSE SUSPENSION

A substantial part of my law practice involves Driving Under the Influence (DUI) defense. Also, my clientele can be described as well educated, employed professionals who have no prior experience or involvement with the criminal justice system until their unfortunate decision to drive after drinking ends up in a DUI arrest and prosecution.

Recently, one of my well educated, professional and employed clients was stopped by police who suspected him of driving under the influence of alcohol.When police asked my client to submit to a chemical test of breath or blood, he did not consent to that test because he didn’t know what to do, and for this particular decision, one is not entitled to speak to a lawyer first. Failure to take the chemical test is known as a “Refusal.” Pursuant to the Pennsylvania Vehicle Code Section 1547, a refusal results in a serious penalty of which you may not be aware: a driver’s license suspension for one (1) year regardless of whether the DUI prosecution is dismissed! Therefore, since my client was unaware of the consequences of a refusal, he is now serving a one year license suspension even though his DUI prosecution will likely be dismissed.

Pennsylvania law states that if a police officer has “Reasonable Grounds” to believe that a person may be DUI, that person can be asked to submit to a chemical test of breath or blood. 75 Pa.C.S.A. Section 1547. This law exists because the issuance of a Pennsylvania driver’s license is a privilege not a right, and in exchange for this privilege, one “impliedly consents” to submit to chemical testing if, again, reasonable grounds exist. In addition, it is the choice of the police officer as to which chemical test (breath or blood) is administered.
           
If you have any questions about your rights in a DUI prosecution, contact me at 4123917999 to get these questions answered. Your criminal record and driver’s license are too important to be left to anyone but a specialist in the field.

Joseph Alexander Paletta, Esq.

Saturday, January 3, 2015

PA DUI Laws - from PennDOT online

If you have been accused of a crime such as driving under the influence of alcohol or illegal substance, the link below provides an overview of the laws in Pennsylvania. 

Many people who have been accused of/charged with a DUI, do not understand the urgency of consulting with an Attorney.  Whether it's a first offense, second offense or third offense, one could face serious consequences as a result, so always contact an experienced DUI Attorney to discuss your situation.

http://www.dmv.state.pa.us/legislation/dui.shtml

Aimee
Paralegal to Attorney Paletta

Aimee@lawyerpaletta.com
412.391.7999

Monday, July 7, 2014

July 4th D.U.I. Arrest

July 4th D.U.I. Arrest

This is Attorney Joseph Paletta.  A significant portion of my law practice (www.lawyerpaletta.com) is dedicated to D.U.I.defense.  Therefore, I know from 25 years of experience that along with the celebrations with family and friends for the 4th of July holiday, a number of good people will make a bad choice, the choice to drink and drive. 

Many refer to this situation as “Drunk Driving.”  However, this is not completely accurate.  The law does not merely prohibit “drunk” driving.  The law is titled, and prohibits, “DrivingUnder the Influence of Alcohol or Controlled Substances” (drugs or medications).  Please understand the difference: one need not be drunk but only “under the influence to the degree to render one incapable of safe driving.”  This means that if you are stopped by police and police have “reasonable suspicion” to believe that you are under the influence of alcohol or drugs, police can then request a test of your breath or blood.  One need not be specifically drunk or high, but merely under the influence.  In other words, the threshold of “under the influence” occurs long before one commonly feels drunk or high.  This leads to the D.U.I. problem, and for every problem, you need a solution.


If you or someone you care about have experienced a D.U.I.arrest over this holiday, seek quality legal advice about your rights and options.  If you contact my law office (4123917999), I will provide a free½ hour consultation about your situation.  The decisions you make during your D.U.I. prosecution can affect you for years to come.  Do not attempt to navigate these dangerous waters on your own, or with a lawyer who is not an expert in this specific area of the law.  Let me be the solution to your D.U.I. problem.

Attorney Joseph Paletta
412.391.7999

Wednesday, July 2, 2014

Preparing for 4th of July Celebrations & DUI Checkpoints

If you're planning on celebrating this 4th of July weekend, be prepared to run into a few DUI Checkpoints...
__
PITTSBURGH (KDKA) — Law enforcement officials are trying to get the word out. They want to keep you – and other drivers safe this Fourth of July weekend.
Last year, there were 1,109 DUI-related crashes in Allegheny County; 19 were fatal. Experts say that statistically, there is an increase in crashes in the days around the Fourth of July.
To draw attention to the problem, a local group of Young Marines set up flags in South Park – one for every person affected by those DUI-related accidents.
Local police departments are already stepping up patrols ahead of the holiday to help keep people in the Pittsburgh area safe. They are setting up both stationary and roving DUI checkpoints.
“The whole point of that is not necessarily to come up with a high number of arrests,” said Cathy Tress of the Pennsylvania DUI Association. “We want to warn people in advance to make the right decision. Don’t get behind the wheel impaired so that you don’t get arrested.”
If you do get caught, you could lose your license. You may also be fined between $300 and $1,000. You could also endanger someone else’s life, or your own.
“That’s not worth it, not for your life, or risking the other people that are sharing the road with you, with their families, to celebrate this country,” Tress said.
“As much as we appreciate what our armed forces have done for us, and the government that we enjoy and the freedoms that we enjoy, please be responsible when you get out there behind the wheel of a car,” Allegheny County District Attorney Steve Zappala said. “It’s not just your family that we’re protecting, it’s someone else’s family, too.”
Source: http://pittsburgh.cbslocal.com/2014/06/26/officials-urge-safe-driving-over-holiday-weekend/