MESSAGE FROM ATTORNEY JOSEPH PALETTA

The Thanksgiving holiday and Steeler game are two great reasons for celebrating.  It is under these circumstances that good people can make bad decisions with respect to alcohol and driving.   Although many people refer to the Driving Under the Influence of Alcohol law as “Drunk Driving,” this is not technically accurate.  One need not be “drunk” to be arrested and prosecuted for D.U.I.; one need merely be “under the influence.”  The difference between being “drunk” and “under the influence” is significant, and will cause many well-intentioned and good people to drive when they feel as though they are capable.  This mistaken feeling can get one arrested.  If you have suffered the unfortunate fate of being stopped by police and tested for D.U.I., be polite and cooperative with police during the entire testing process.  The police are in control and will administer the testing which is appropriate.  However, do not make any verbal admissions to wrongdoing, and upon your release by police, contact a lawyer who specializes in D.U.I. defense.  This is the smart way to handle this serious situation.  I will be available to assist during the holiday and weekend at 412.391.7999.  Have a blessed holiday and weekend. 

 

Joseph A. Paletta, Esq.  

 

 

Statewide Halloween DUI Checkpoints lead to many DUI arrests.

The Waynesboro Record Harold reported in the article below that statewide DUI task force units would set up many checkpoints during Halloween.

Many Pennsylvania drivers were charged with DUI related crimes after police conducted these statewide DUI Checkpoints targeting those who were celebrating Halloween.  If you are one of the many charged as a result of a DUI checkpoint, contact this office immediately to discuss your case.

412.391.7999

Joseph A. Paletta, Esq.

__________________________________________________________

Posted Oct. 28, 2013 @ 12:00 pm

Halloween is a holiday adults can celebrate as much as kids, but they need to remember impairment begins with the first drink, according to Officer Matthew Schmidt of the Washington Township Police Department and the Franklin County DUI task force, which will set up holiday checkpoints. “Buzzed driving is drunk driving, and police will be on the lookout for impaired drivers,” he said. “Last year, nearly 12,000 crashes in Pennsylvania involved alcohol, and more than 400 people were killed in those crashes. Designate a sober driver before you head out this Halloween.”

Read more: http://www.therecordherald.com/article/20131028/NEWS/131029898/1001/NEWS#ixzz2k1Qx0hus

DUI - Recent Case Result

Commonwealth v. C.M. (D.U.I. Charges)

DUI 'tiers' - Your level of intoxication affects how you'll be punished: The Judicial Notice

Repost from:

http://www.pennlive.com/living/index.ssf/2013/10/how_much_you_drink_affects_how.html

By Judge Jessica Brewbaker | Special to PennLive

on October 15, 2013 at 1:20 PM, updated October 15, 2013 at 2:21 PM

Driving under the influence is one of the most oft-committed crimes in this area. In 2012, Cumberland County had 1,712 DUI cases filed, and there have been 1,315 filed so far for 2013. DUI is such a major component of the criminal justice system that Cumberland County’s “Central Court” is dedicated solely to this offense.

On Sept. 30, 2003, Pennsylvania’s legal limit for DUI was reduced from .10 to .08 blood alcohol content (or BAC). Along with that change came the use of “tiers” for DUI. The tier that a person is charged with can affect his or her sentencing, loss of license and eligibility for an Alternative Rehabilitation Disposition program.

Under the current law, a person cannot drive, operate, or be in "actual physical control" of a motor vehicle after drinking enough alcohol that he or she is incapable of safely operating the vehicle. This is the "general impairment" section of the law. In this same tier is a person who has a BAC of .08 to less than .10 percent within two hours of operating a vehicle.

A person convicted in this tier is subject to six months probation, a $300 fine and attendance at alcohol safety school. If a person has a prior DUI, this tier will result in a mandatory minimum five days in jail and a 12-month license suspension, in addition to other penalties. If the person has two or more prior DUIs, the jail time increases to a mandatory minimum of 10 days.

The second tier, "high rate of alcohol," is for those people who have a BAC of .10 to .159 percent within two hours of operating a vehicle. This tier also includes under-21 drivers caught operating a vehicle with a blood alcohol content of .02 percent or greater and  those charged with DUI where there was an accident resulting in bodily injury, death or property damage.

Finally, this tier includes a person operating a commercial vehicle (with a .04 percent or higher BAC); a school bus or school vehicle (with a .02 percent or greater BAC); or a commercial or school vehicle where the person has enough alcohol to be incapable of safe driving or is under the influence of a controlled substance…..

Read more at http://www.pennlive.com/living/index.ssf/2013/10/how_much_you_drink_affects_how.html

Pennsylvania DUI Checkpoints in place for Halloween weekend

Federally funded DUI checkpoints to be in place in Adams, Lancaster and York counties this weekend | PennLive.com:

'via Blog this'

Commonwealth v. M.N. (DUI)

Commonwealth v. M.N. (D.U.I. Charges)

Pittsburgh Police Officers were dispatched to the Rivers Casino for a male driving a wrecked vehicle in the Casino Parking Garage. Upon their arrival, Officers were greeted by Rivers Security Supervisor who explained that Valet Parking employees contacted the Security Department to inform them that a male drove a vehicle with heavy damage and no front drivers side tire into the parking garage. After speaking with Security, Officers enter the garage to speak with the male driver. Officers noticed a strong odor of alcohol and asked Client to submit to Field Sobriety Tests. Client refused to do anything until speaking with an attorney. Officers arrested Client for suspected D.U.I. Client was then transported to the Police Station and refused to submit a breath sample. Client was then transported to Allegheny County Jail

Client was charged with:

75§3802§§A1 - Driving Under the Influence of Alcohol

75§3736§§A - Reckless Driving

Following the Preliminary Hearing at Pittsburgh Municipal Court, Attorney Paletta requested that the District Attorney's Office consider Client for admission into the Accelerated Rehabilitative Disposition (A.R.D.) Program.

At the Formal Arraignment, Client was offered admission into the A.R.D. Program.  Client accepted the terms and conditions of A.R.D., which were as follows:  12 months non-reporting probation, Drug & Alcohol evaluation, Safe Driving Classes, and a 60 day license suspension. Client, an individual who resides outside the state of Pennsylvania, was permitted to complete the requirements within his home state. With successful completion of all terms and conditions of the program, all charges Client was charged with are to be expunged. There is no conviction or Guilty Plea to any charges, including the D.U.I.  

Commonwealth v. J.W. (DUI)

Commonwealth v. J.W. (D.U.I. Charges)

Client was pulled over by Coraopolis Police after traveling the wrong direction on Fourth Avenue. According to the Criminal Complaint, Officers noticed a strong odor of alcohol while speaking with Client.  Officers administered Field Sobriety Tests and Client was transported to Sewickley Valley Hospital for blood tests.

Client was charged with:

75§3802§§A1 - Driving Under the Influence of Alcohol  

75§3308§§B - One way roadways and Rotary Traffic Islands

Following the Preliminary Hearing before District Judge Mary P. Murray, Attorney Paletta requested that the District Attorney's Office consider Client for admission into the Accelerated Rehabilitative Disposition (A.R.D.) Program.

At the Formal Arraignment, Client was offered admission into the A.R.D. Program.  Client accepted the terms and conditions of A.R.D., which were as follows:  12 months non-reporting probation, Drug & Alcohol evaluation, Safe Driving Classes, and a 60 day license suspension. With successful completion of all terms and conditions of the program, all charges Client was charged with are to be expunged.  There is no conviction or Guilty Plea to any charges, including the D.U.I.  

Criminal Defense Attorney for College Students

Criminal Defense Attorney for College Students

I am a Pittsburgh Criminal Defense Attorney who represents college students charged with crimes such as DUI, Public Intox., and Possession.

Having worked with many college students and professionals such as Doctors and Nurses who have been charged with crimes which could jeopardize their college education and professional career, I understand how important it is for my clients to receive the best possible outcome available and one that will not damage their record.  For this reason, I work closely with my clients to develop a strategy that will assist in receiving an outcome most favorable to them.

If you are a college student or recent graduate who is just starting your professional career and you have been charged with a crime, don't take the chance of harming your future by proceeding without an Attorney or at least consulting with one first.  Your future is too important; contact me to discuss your situation.

www.pittsburghcriminallawfirm.com

Accuracy of Breathalyzers used in DUI cases an issue for the Supreme Court?

Yet again, we find the topic of "whether Breathalyzers are accurate enough to be used as evidence in DUI cases" in the news. The Superior Court recently overturned a Dauphin County judge's ruling that could have put a huge damper on using breathalyzers in DUI cases. Although the Dauphin County judge's decision only affected Dauphin County cases, it was reported that approximately 20 court cases were dismissed following the ruling.

According to news sources, although the Superior Court has issued this recent ruling to reverse the County judge's decision to allow breath testing in DUI cases, the Defense Attorney won't stop there. It looks like this is an issue to be taken to the Supreme Court.

If you have questions or concerns about the facts of your DUI case and would like discuss this in further, E-Mail or call us now to get started.

www.pittsburghcriminallawfirm.com

Tel:  412.391.7999

Source for Blog & Original Article:

http://www.pennlive.com/midstate/index.ssf/2013/09/pa_court_overturns_dauphin_cou.html

Pa. court voids Dauphin County's judge ruling involving breathalyzer accuracy in DUI cases

Rulings by two Dauphin County judges are sharply curbing the use of breathalyzer evidence in county drunken driving cases.

By Matt Miller | mmiller@pennlive.com The Patriot-News

Email the author | Follow on Twitter

on September 05, 2013 at 5:50 PM

The state Superior Court on Thursday overturned a Dauphin County judge's decision in a drunken driving case that legal observers said could have curtailed the use of breathalyzers in such prosecutions....

Full Article Available at:

http://www.pennlive.com/midstate/index.ssf/2013/09/pa_court_overturns_dauphin_cou.html

East Hills DUI Task Force to Conduct Roving Patrols in Plum, Oakmont - Plum-Oakmont, PA Patch

East Hills DUI Task Force to Conduct Roving Patrols in Plum, Oakmont - Plum-Oakmont, PA Patch

ATTORNEY PALETTA'S RECENT DUI CASE RESULTS

Click on the link below to read some of Attorney Paletta's recent case results:

http://attorneypalettacaseresults.blogspot.com/