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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Are there any possible defenses to an underage DUI charge?
Cary B. Hall
Cary B. Hall
answered on Jun 29, 2018

Too many to go into in just a few sentences, I'm afraid. It's like asking, "Is there any way to fix a toilet when it breaks?" Sure, but it usually takes a professional to do it. Same thing here.

You should contact (and hire) a good criminal defense attorney ASAP, so...
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1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Workers' Compensation for Pennsylvania on
Q: What can I do about a parent complaint at age 35. My parents cited PTSD from the Virginia Tech massacre?

Originally, I couldn't sleep the week of the massacre when I was a manager and Virginia Tech alumni and had a routine doctor appointment that I had a rare inclusion of bringing my Mom along and discussing my concerns unplanned. I was then referred to mental health because of the massacre, I... View More

Timothy Belt
Timothy Belt
answered on Jun 15, 2018

I am unclear from your question, is your condition related to an incident that happened at work?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: How much do you have to pay for an IID?
Cary B. Hall
Cary B. Hall
answered on Jun 14, 2018

It varies, but averages between $900.00 and $1,300.00 per year. It sucks, but at least you'll be able to drive.

Find an PennDOT authorized vendor and call for current prices. You can find one near you by searching your ZIP code here: https://padui.org/ignition-interlock-vendor-list/.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Cop put wrong county and color of friends car. Any help for being pulled over with suspended license for dui?

Got his license suspended before he even got the chance to get it. He was 17 or 18. Got pulled over and was high on weed. So, suspension of license for a DUI. He got pulled over a few weeks ago, and just got the citation and court date in the mail. PA laws sat 60-90 days mandatory in jail. He is... View More

Cary B. Hall
Cary B. Hall
answered on Jun 11, 2018

Nope. Best you can hope for in this case is to convince (beg?) the cop to change the traffic charge from the 1543(b)(1) ticket to something that carries no jail time or additional license suspension. Something like a 1501, which just carries a small fine with no points.

Better still, he...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Open Container

Husband got open container/empty with two 6 packs in a commercial vehicle. He received two tickets which had been paid. Is that it? It was in PA and lived in NJ. Anything else to happen? I guess it is not a DUI.

Cary B. Hall
Cary B. Hall
answered on Jun 3, 2018

No, it doesn't sound like a DUI at all. In addition, it sounds like his license is from NJ if that's where he lives (or at least it should be). If so, you'll have to look to NJ law about how such infractions will affect his driver's license (if at all).

Moreover, if...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Don't the police need probable cause to pull you over for a DUI?
Ryan L Hyde
Ryan L Hyde
answered on Jun 1, 2018

Either probable cause or reasonable suspicion of a violation of the vehicle code. The level depends in the alleged violation. If you have questions about the stop talk to a local attorney. There are literally hundreds of cases on this issue.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: GF has a Prelim for 2nd DUI in PA. 2nd offense driving under susp, while on probation.

Accident happened. No injuries. Happened shortly before going on house arrest. Wondering if she will leave court room in handcuffs.

Cary B. Hall
Cary B. Hall
answered on May 19, 2018

Very unlikely from the preliminary hearing, unless the MDJ sets a bail there that she cannot make -- and that's highly unlikely as long as she shows for the preliminary hearing! That's on the new charge, though. It's possible, however, that the probation department or the court... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Why am I being charged twice title 75 dui(motor license fund) mc, title 75, dui (motor license fund) cty
Cary B. Hall
Cary B. Hall
answered on May 15, 2018

It sounds like you're asking about specific court costs you've been ordered to pay as part of your court case. If you have a specific question about a specific cost assessed, I suggest you call the Clerk of Courts for your county -- they should have your answer. Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Do you have any right to decline to cooperate at a sobriety checkpoint?
Cary B. Hall
Cary B. Hall
answered on May 12, 2018

Yes, but you're probably not going to wins friends with the cops by doing so. If your vehicle is stopped during a DUI checkpoint, you must open your window to speak with an officer and be advised of the nature of the stop. The officer may ask if you’ve been drinking. If you answer yes, or... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can someone else drive your car if you have an ignition interlock device?
Cary B. Hall
Cary B. Hall
answered on Apr 27, 2018

Yes, it's permissible for someone other than ignition interlock licensed driver to operate that driver's vehicle. But they'll have to give a breath sample to do so.

Hope this answer helps!

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: What will happen?

So i was alrady parked and the car was off. I had a gram or lessof marijuana on me. I was sitting in the drivers and i was putting the marijuana in my cigarette pack because i had no baggy. Then a cop taps on my door and ask what i was doing. Of course i lied said gettig a cigarette from my pack.... View More

Cary B. Hall
Cary B. Hall
answered on Apr 16, 2018

You'll probably get a notice to appear in Philadelphia Municipal Court on charges of possession of a small amount of marijuana. That's an ungraded misdemeanor. You probably won't be charged with DUI if they didn't ask you to perform sobriety tests or request to take a blood or... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I first got an underage when i was 17 and got penalized. I just now got a second underage drinking
Ryan L Hyde
Ryan L Hyde
answered on Mar 25, 2018

Not really a question? If you are asking about the fines its up yo $1000. The license suspension is a year. Good course of action?? Plead not guilty and work something out with the officer. Best course of action? Plead not guilty and get an attorney to help you work it out. You need help.... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I was charged with dui. Impaired ability 1st offense. I did field sobriety, i don’t really know results. Cop said he

Felt I was on pot. I was not. I refused blood but have no refusal charges. How can I get a dui with no evedence or refusal?

Ryan L Hyde
Ryan L Hyde
answered on Mar 19, 2018

You can be charged with a crime whenever an officer believes there is probable cause that a crime was committed. This does not mean you will be convicted but it means the process has started. Saying there is no evidence is a grievous misunderstanding on your part. In a refusal case the... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I have a dwi ticket last weekend and this is my first dwi and have been arrested 2 times before four 1 was dismist

That was in nj im from pa

Ryan L Hyde
Ryan L Hyde
answered on Mar 11, 2018

You fail to ask a question which we can answer. DUI/DWI law is highly technical and evolving. Talk to an attorney in the jurisdiction where you got the ticket and make sure your rights are protected.

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: my granddaughter just got a DUI, also charged with evading arrest (she lead police on a high speed chase) and resisting

arrest. she got a DUI last year also , court case pending, and 2dui's in calif. 9 yrs. ago. what kind of jail time is she looking at

Ryan L Hyde
Ryan L Hyde
answered on Mar 9, 2018

Hopefully she is taking this seriously, and is already in an inpatient facility for treatment. This is a third offense DUI with a potential mandatory 1 year of incarceration. The additional charges just make it absolutely worse. She needs to hire an attorney. She may have defenses but there may... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: My son received a 2nd DUI. He has completed the ARD program 4 years ago in PA. So the first dui has been expunge.

Paper work has 1st offense. Officer has his hair as blue. It is not. Datamaster reading was .117%. What does this mean

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2018

He is facing a second offense DUI. Completing ARD does ezpunge your record but not with PennDot. So the CW will know about the first offense. Mistakes on the complaint arent going to win yiu the case in and of themself. They can be useful as a part of a strategy to win the trial but in and of... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Questions on my son and his dui in Northampton countypa

My son got a dui a year ago he missed the court date because he was never given papers we thought it was in April he’s homeless and the picked him up

On a warrant today but he ran from the police And he was out on $5000 bail. it’s his first dui he has other charges that are added to the... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 16, 2018

Pro bono lawyers in criminal cases are called public defenders. They are gicen a bad rap but they are some of the most experienced trial attorneys in the criminal defense world. They know their stuff. The ones in Northampton county are very good. He needs to apply for one from the jail. If he... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Child w/ first DUI. Breathalyzer over the limit. Trooper said she didn't have to take blood test, she declined.

Trooper said she didn't have to take the blood test because she feared needles after she declined and signed papers Trooper said to her she should have taken the blood test. She got scared that she did something wrong and asked the trooper if she could have the blood test. He told her no, she... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 6, 2018

Nothing is automatic but a refusal does carry a 1 year license suspension. The DUI may also carry a license suspension if she gets convicted, and that would be run consecutive. She should contact a local DUI attorney to discuss the potential appellate outcomes in her particular case. There are... View More

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Why would there be $20,000 monetary bail set for the following charges????

A close friend is currently in jail for DUI. It's his 3rd in 10 years. He's been there since the scheduled prelim hearing (waived) a month ago. Formal arraignment is in a few weeks.

What other factors could there be, that aren't mentioned on the docket sheet, that could... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 3, 2018

Its a third offense DUI, while he was still suspended. The judge may just believe that you are friend represents a danger to the community

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1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: I have a question about a driving with out a license under d.u.i suspension

I was charged with driving without a license under d.u.i suspension in April 2017.. I was confused because I caught my d.u.i in 2010, the judge told me if I'm found guilty I have a mandatory 60 days..when my court date came I didn't show and they continued without me..I got a letter in... View More

Ryan L Hyde
Ryan L Hyde
answered on Jan 28, 2018

It wasn't an intelligent decision to not show up. They found you guilty In Absentia. Depending on how long ago this happened you may be able to get an attorney to help you with this. 60 days in jail is a lot of time. Most counties have alternative to jail sentences for which these cases can be... View More

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