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.

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

Weekend DUI checkpoint scheduled in North Hills | Pennsylvania news

Weekend DUI checkpoint scheduled in North Hills | Pennsylvania news:

'via Blog this'



The North Hills DUI Task force will be conducting numerous checkpoints over the weekend.

DUI Checkpoint Alert Details - Irwin, PA - Fri Nov 14, 2014 - ID: 1219863

DUI Checkpoint Alert Details - Irwin, PA - Fri Nov 14, 2014 - ID: 1219863: "Police held a DUI Checkpoint
Fri Nov 14, 2014
in Irwin, PA
in the area of Us-30

July 4th D.U.I. Arrest

July 4^th 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 4^th 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

www.lawyerpaletta.com 

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/

Pittsburgh Criminal Defense Attorney Joseph Paletta Named One of the Top DUI Defense Attorneys in Pennsylvania for 2013

Pittsburgh Criminal Defense Attorney Joseph Paletta Named One of the Top DUI Defense Attorneys in Pennsylvania for 2013:



'via Blog this'

2013 DUI Statistics by State

http://www.statisticbrain.com/number-of-dui-arrests-per-state/



Check out this site to find out the number of DUI arrests reported by some states in 2013.

DUI Checkpoints on St. Patrick’s Day lead to more arrests...

http://pittsburghcriminallawfirmdui.blogspot.com/2014/03/st-patrick-day-dui-charges.html

DUI Checkpoints

Hi everyone, I thought I’d share this site with you all just in case anyone is ever out for a night on the town & needs to know if there are any scheduled DUI Checkpoints...

The site below periodically posts scheduled DUI Checkpoints… I ‘m not sure how often they update their information, but I do use it on occasion to discover information about DUI checkpoints, from our client’s cases…

http://www.duiblock.com/dui_checkpoint_locations/pennsylvania/

Hopefully some of you find this useful!  

If you have questions about a DUI Checkpoint, or have been charged with a crime as a result of a Checkpoint,  please contact us immediately so we can discuss your case!!

Aimee

Paralegal to Attorney Paletta

412.391.7999

Feel free to E-mail me at aimee@lawyerpaletta.com

St. Patrick's Day D.U.I. charges

Happy St. Patrick's Day everyone!!

 

Increased law enforcement and patrol units for the St. Patrick's Day celebrations may mean more D.U.I. arrests for the Pittsburgh area.

 

If you have been charged with driving under the influence of alcohol or a controlled substance, contact Attorney Paletta immediately!

 

Remember to mention finding us through this blog!!

 

412.391.7999

 

aimee@lawyerpaletta.com 

 

 

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/

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