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:

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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/

Client Review - DUI Charges

Avvo.com DUI Client Review

Review for Joseph Alexander Paletta

Back to profile

Best. Attorney. EVER!

Posted by Jennifer, a DUI client, 5 days ago.

Overall rating

Excellent

• I recommend Joseph Paletta.
• I used Joseph 6-12 months ago.
• Joseph handled my DUI / DWI matter.
• I have previously worked with 1-2 lawyers.

Highly recommend Attorney Joseph Paletta! He is a great attorney and his staff is amazing! Very professional, caring and responsive firm.

Coom. v. M.M. - DUI Charges - ARD

Commonwealth v. M.M. - DUI CHARGES

Click the link below to read about this case....

http://attorneypalettacaseresults.blogspot.com/2012/10/com-v-mm-dui.html

Com v. B.M. (DUI - ARD Hearing) - Case Results

Commonwealth v. B.M. - ARD Hearing - DUI Charges

 

 

 

Click Below to read more about this case....

 

 

 

http://attorneypalettacaseresults.blogspot.com/2012/10/com-v-bm-dui-charges-ard-hearing.html

 



Com v. J.G.- DUI-Second Offense - Case Results

Com. v. J.G.

 

Client was charged with Driving Under the Influence as a second offense, numerous other Misdemeanor offenses, Summary offenses and even two Aggravated Assault charges, both as    Felony-1s.

 

Find out how Attorney Paletta worked out this case by clicking below....

http://attorneypalettacaseresults.blogspot.com/2012/10/com-v-jg-trial-dui-2nd-offense-simple.html

Com v. B.H. (Case Results Blog)

Commonwealth v. B.H.

 

Client was charged with Driving Under the Influence and other miscellaneous charges.   Click the link below to find out more...

http://attorneypalettacaseresults.blogspot.com/2012/10/DUI-ARD.html

Labor Day D.U.I. Charges

Numerous D.U.I. Checkpoints were set up by local police over the Labor Day weekend.   If you are one of the many who have received DUI Charges as a result of a checkpoint, traffic stop or automible accident, you should contact me immediately to discuss your case.

Even if you have not received your formal paperwork or Preliminary Hearing date yet, you should still contact me immediately to learn your rights!

DON'T WAIT, CALL OR E-MAIL ME NOW!!

412.391.7999
aimee@lawyerpaletta.com

437 Grant Street,
Suite 424 Frick Building
Pittsburgh, PA 15219

DUI Representation -

Charged with DUI? 

DUI Charges in Pittsburgh...

Have you been charged with D.U.I.?

 

Many people who have been charged/arrested for Driving Under the Influence call our office immediately following the incident which led to the charges they are facing. 

They often express their concern about being unsure whether they should call an attorney even though they have not received any formal charges or even their Blood Alcohol Content (B.A.C.) results. 

 

Although you may not have your formal charges yet, consulting with an attorney can only help you.  Attorney Paletta will meet with you to discuss the facts of your case as soon as you contact us and schedule your meeting.  By contacting us immediately, you will be able to speak with Attorney Paletta, get many of your questions answered and become educated about your situation.  In addition, contacting us as soon as possible will give us more time to prepare your case.

 

Don’t wait; contact us now to schedule your meeting!

aimee@lawyerpaletta.com

412.391.7999

 

www.pittsburghcriminallawfirm.com

5/18/12 - (DUI - Second Offense) Commonwealth v. L.K.

5/18/12 - Commonwealth v. L.K. - Allegheny County, Pennsylvania - DUI-Second Offense

In this specific case, our Client was charged with numerous DUI counts in addition to traffic violations.  If convicted, Client faced penalties as a Second-time DUI offender. 
At the time of the Second offense, Client was already being represented by Attorney Paletta for an alleged previous DUI-(first offense) which was still an active case at the time of the alleged Second Offense.

TO READ MORE & LEARN WHAT THE OUTCOME OF THE CASE WAS, VISIT OUR RECENT CASE BLOG BY CLICKING THE FOLLOWING LINK.... 

Attorney Paletta's Recent Cases

DUI CHECKPOINTS - ST. PATRICK'S DAY

Pittsburgh Police plan on conducting numeorus sobriety checkpoints throughout the region over St. Patrick's Day weekend. 

Whether you're in town for the St. Patrick's Day Parade or for the NCAA Basketball Tournament, it is likely that you will go through at least one sobriety checkpoint.

If you or someone you know are one of the many people that will be charged with Driving Under the Influence as a result of one of these checkpoints, contact The Law Office of Joseph A. Paletta immediately.  Attorney Paletta has represented thousands of clients who have been charged with DUI/DWI/DAI offenses and is here to help you too.

Call us now to schedule your initial consultation.

437 Grant Street
Suite 424 Frick Bldg.
Pittsburgh, PA 15219

412.391.7999 - Office
aimee@lawyerpaletta.com

WWW.PITTSBURGHCRIMINALLAWFIRM.COM

Commonwealth v. J.M. (Motion to Suppress) - DUI/DAI/DWI

3/2/12

Commonwealth v. J.M. (Motion to Suppress)

Charge/Violation:

75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE  - Misdemeanor

75 §3802 §§C -   DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE  - Misdemeanor

75 §3361 §§A -   DRIVING VEHICLE AT SAFE SPEED - Summary

Verdict:  Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress, alleging that police did not have reasonable suspicion to stop the vehicle.  This Motion was granted.  The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse.  ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

Commonwealth v. M.K. (Motion to Suppress)

Be sure to check "Attorney Paletta's Recent Case Results" Blog to find out the facts of this DUI case!

DUI - General License Supsension Guidelines

The following blog will provide some insight for individuals who are facing a DUI charge in Pennsylvania and would like some general information as to what will happen with their driver's license.  For more information, you should contact Attorney Joseph Paletta immediately.

In general, license suspensions relating to DUI's will be as follows:  If you have a BAC below .10% and charged with incapable of safe driving, no suspension will be issued for the first offense.  However there will be certain criteria that the alleged offender must meet in order to have no suspension.  If you have a BAC of .10% or higher than .10% but less than .16%, you are facing a 12 month suspension of your driver's license for the 1st and 2nd offense. If this is your 3rd or subsequent offense, you will be facing an 18 month suspension of your driver's license.

For offender's with a BAC that is .16% or higher, you are facing a 12 month license suspension for the first offense and an 18 month suspension period for your second or subsequent offense.  If you have an out of state DUI conviction, you will receive no suspension for your first offense.  However, for your 2nd or subsequent offense, you will be facing a 12 month suspension of your driver's license.

DUI - LICENSE SUSPENSIONS & ARD

If you have been charged with a DUI, DWI or DAI in Pennsylvania and are considering accepting the Accelerated Rehabilitative Disposition (ARD) Program but would like to know a little more about what implications this will have on your Driver's License, the following tips will give you a better idea as to what general guidelines the courts use:

To read more click the Title of this blog above....

Pennsylvania DUI & "Tier 1" explained

In Pennsylvania, the legal limit of alcohol is .08%.  Under the DUI Laws, DUI penalties are categorized into 3 main tiers/levels. 

In general, these tiers/levels are as follows:

1.  .08 to .99%BAC - General Impairment
2.  .10 to .159%BAC - High BAC
3.  .16% and higher - Highest BAC

The following will provide a description with guidelines of penalties for Tier 1 - .08 to .99%BAC - General Impairment:

NO PREVIOUS OFFENSES:

• Ungraded Misdemeanor
• Approx. $300 fine
• Alcohol Highway Safety School & treatment when ordered
• Up to 6 months probation

1 PREVIOUS OFFENSE:

• Ungraded Misdemeanor
• 12 month license Supsension
• Approx. $300 - $2,500 fine
• Alcohol Highway Safety School & treatment when ordered
• possible 5 days  - 6 months jail time
• 1 year ignition interlock

2 or more PREVIOUS OFFENSES:

• 2nd Degree Misdemeanor
• 12 month license Supsension
• Approx. $500 - $5,000 fine
• Alcohol Highway Safety School & treatment when ordered
• possible 10days  - 2 years in prison
• 1 year ignition interlock

IF YOU ARE FACING DUI CHARGES, CONTACT ATTORNEY PALETTA TO DISCUSS YOUR CASE IMMEDIATELY!!!!

REFUSING SOBRIETY TESTS

Refusing Physical Sobriety Tests in Pittsburgh

What are the consequences if I refuse to perform sobriety tests?

Even though these exercises are said to be free and voluntary, your refusal to perform them might be used as evidence against you showing an awareness of guilt.
The Pennsylvania Supreme Court has indicated that police officers are not required to give Miranda warnings or information about the Fifth Amendment right against self-incrimination prior to requesting a field sobriety test.


http://www.pittsburghcriminallawfirm.com/

SOBRIETY TESTS

What are physical sobriety tests?

These are sometimes referred to as field sobriety tests or exercises.
These tests are given to a DUI or DAI suspect by a police officer in order to decide whether to arrest the person for driving under the influence of alcohol or drugs.  Physical sobriety tests involve a series of exercises: the one-legged stand; walk-the-line; finger-to-nose; horizontal gaze nystagmus, and the Rhomberg balance exercises.
Each of these tests is relatively easy, but if your performance of these is impaired,  you must be prepared to convince the jury that it is not easy to perform these exercises under certain circumstances.  Arguably, even sober participants have difficulty performing the tests under the stress of a police traffic-stop. Attorney Joseph Paletta can help demonstrate your case to the jury.

http://www.pittsburghcriminallawfirm.com/

Pennsylvania Crimes - D.U.I.: PA D.U.I./DWI Driver's License Implications

Pennsylvania Crimes - D.U.I.: PA D.U.I./DWI Driver's License Implications: "Penalties for Driving Under the Influence in PA - The number of DUI arrests made by Pennsylvania State Troopers has been significantly inc..."

PA D.U.I./DWI Driver's License Implications

Penalties for Driving Under the Influence in PA -

The number of DUI arrests made by Pennsylvania State Troopers has been significantly increasing for the ninth straight year.  In fact, recent figures show that 17,695 arrests for DUI were made last year by state troopers alone and this number does not include any arrests for DUI made by local police.

Since this is such a hot topic lately and it has been statistically proven that the number of arrests are on the rise and will likely continue to do the same, it is important that you understand what could happen if you are facing a DUI charge in Pittsburgh, Pennsylvania.

For the first offense, your license to drive is revoked, and if convicted, you are subject to jail time, heavy fines, and a court ordered license suspension of six months to three years. With each subsequent offense, Pennsylvania's penalties for driving under the influence become more severe.

Even if you were not involved in an accident, you could spend up to a year in jail, lose your car, have your license permanently revoked, and be subject to fines up to $10,000.

Many people who contact our office who have been charged with a D.U.I. do not know that if you refuse field sobriety testing, your license is automatically suspended temporarily.

If you have already been convicted of DUI on multiple occasions, your refusal may cost a five-year license suspension.  Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
The administrative suspension is independent of any jail term, fine, or other criminal penalty imposed in court for a DUI offense.

If you are facing DUI or DAI charges in Pittsburgh, you need to consult with our office immediately to speak with a Pittsburgh drunk driving attorney who can help you through this process. You need to have an experienced DUI attorney on your side as soon as possible to discuss the facts and options before your first hearing date, which is normally the Preliminary Hearing.  Failing to be represented at your first hearing could damage your case.

SOURCE: WPXI -  "Pa. State Police: DUI Arrest Record Set Last Year"