Got A DUI Charge? Here’s The DUI Legal Process

Got A DUI Charge? Here’s The DUI Legal Process

Why You Need A DUI Attorney If You Get A DUI Charge

All the counties surrounding the mid-state including, Delaware, Chester, Lancaster, Montgomery, Berks, and Dauphin Counties, have experienced a spike in DUI arrests over the last several years. 

Hiring a Lawyer for DUI cases is no small decision. Call The Shelton Firm today at (717) 823-0899 for a free consultation and get the answers you’re looking for.

What Happens When You Get A DUI Charge

Every DUI Trial is an extremely methodical and technical proceeding.  There are two legal issues prevalent in every DUI Prosecution.

First is the stop of the motor vehicle. 

A vehicle stop can be disputed for a variety of reasons, including that the Police Officer did not have the Probable Cause to stop you for a motor vehicle violation. 

The second legal issue in every DUI stop is whether the Blood or Breath test was conducted according to the standards set by the state. 

Several issues can invalidate the results of the blood/ breath test and can lead to the dismissal of the DUI charges.

The DUI Law in Pennsylvania states that a person, may not drive a vehicle if he has drank enough alcohol to 1) render him or her incapable of safely driving the vehicle, or 2) place his BAC above the .08% level. 

  • The law also renders punishments through a three-tier system.
  • The higher your blood alcohol content the tougher the punishment. 
  • Punishments can range from no jail, all the way up to a mandatory minimum of at least one year in state prison. 

Will Your License Be Suspended For A DUI?

You are also required to turn over your license and adhere to a driver’s license suspension.  Read more about driving under suspension.

Don’t face these high fines and Mandatory Minimum sentences alone! Call The Shelton Firm today and make sure you get the best possible outcome.

The legal process that follows a DUI charge is a daunting task and one that should not be tried alone. It’s extremely important to contact and employ an Attorney early in the process to ensure you get the best result possible.

Your DUI attorney may interview potential witnesses, or compile pictures of the scene in order to formulate the best case defense. Investigations should be conducted while witnesses’ memories are fresh and evidence, like video and audio, can be preserved.  

All these things could make a big difference in the outcome of your case.     

What Are The Steps After You Are Arrested For DUI

The first step following a DUI arrest is the Preliminary Arraignment.  

  • At an arraignment, a Judge will read the charges against you, and ask you what you intend to plead.  
  • After you have entered a plea of Not Guilty, the judge sets your bail and schedules a preliminary hearing date.  

Prior to Trial, a Preliminary Hearing is the first court date that you must attend.

It’s of utmost importance that you have secured Counsel at this point.  

Your Attorney has the opportunity to speak with opposing counsel and the arresting officer and may have the possibility to get some or all of the DUI charges dismissed. If the Prosecution is able to provide enough evidence to support the belief that a crime was committed and that you were the one to commit the crime, then the case will move forward.                 

Following the Preliminary Hearing, but prior to Trial, you are given the opportunity to request discovery

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense. Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.

Related DUI Articles

Questions To Ask Your DUI Attorney

https://www.thesheltonfirm.com/2019/07/24/pennsylvania-state-trooper-charged-dui/

Questions To Ask Your DUI Attorney

Pennsylvania State Trooper Charged with DUI

Pennsylvania State Trooper Charged with DUI

In a show that truly anyone can be charged with DUI, a Pennsylvania State Trooper was charged on Nov 12, 2016, according to the York Daily Record.

DUI Arrests Are On The Rise In PA

While all the counties surrounding the mid-state have experienced a spike in DUI arrests over the last several years, many clients are surprised at how a Criminal Defense Attorney can change the outcome of any criminal proceeding.

Call today at 717-823-0899 for a free consultation and let me lay out your options regarding your DUI Arrest.

Here’s what can happen with multiple dui charges.

What Pennsylvania Law States

In Pennsylvania the DUI law states that a person, may not drive a vehicle if he has drank enough alcohol to:

1) render him or her incapable of safely driving the vehicle, or

2) place his BAC above the .08% level.

The law also renders punishments based on how high over the legal limit you are.  There are 3 tiers and the tiers increase the severity of the punishment you receive.

Read even more about getting a dui in Pennsylvania.

What Are The Possible Punishments For DUI In PA?

Punishments can range from probation, all the way up to a mandatory minimum of at least one year in state prison. You are also required to turn over your license and adhere to a drivers license suspension, and in some cases install Ignition Interlock into your vehicle. Don’t face these severe penalties alone.  

Use The Shelton Firm to get you the best possible outcome regarding your DUI.

The Trooper’s BAC was a .232, which is almost three times the legal limit.

Given his Blood Alcohol content he would have been charged as a Tier 3 making him eligible for the most severe penalties under the law.

The officer was stopped by Police after he was found weaving in and out of traffic in York County.

The state of Pennsylvania has over 50 DUI Task Forces across the state, and over 150 trained Drug Recognition Experts, trained and deployed to detect drunk and drugged drivers.

What many people fail to realize is that these experts helped and contributed to the 52,636 total DUI arrests in Pennsylvania last year.

Have you been charged with Drunk Driving?  

No legal proceeding is simple. You need an attorney to represent you and ensure your rights are protected.

The Shelton Firm represents people throughout Chester, York, and Lancaster County.  Call The Shelton Firm today and get a free consultation. Reach us today at 717-823-0899.

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense.   Our goal is to bring quality and affordable representation to the residents of Chester, York, and Lancaster County.

What You Need To Know About Fighting Traffic Tickets

What You Need To Know About Fighting Traffic Tickets

Consider fighting traffic tickets so you can save time, money, and loss of license. Pennsylvania State Police and local municipal officers hand out thousands of speeding tickets and traffic tickets every single year.

Unfortunately, many drivers believe the best thing to do is plead guilty and pay the fine so that they can move on. The truth is, doing so can leave you with additional driving penalties such as having your license suspended.

fighting traffic tickets in lancaster pa

Before you plead guilty, contact The Shelton Firm. We’ll go along with you and fight for the best possible outcome. We have experience fighting traffic tickets and know what’s needed to come to an agreement that will prevent you from points being assessed to your license.

An increase in points on your license can result in:

  • Driver’s license suspension
  • An increase in your insurance premiums
  • Required driver training courses

According to Pennsylvania traffic laws, you can be cited for both moving and non-moving offenses.Non-moving citations, typically, only require a fine to be paid. A moving traffic ticket comes with a fine and points being assessed to your driving record.

In Pennsylvania, once a driver has accumulated 11 points or more, the department of transportation will suspend your license. Each suspension comes with a heavier penalty than the last. Call us today about fighting traffic tickets before you’re penalized!

According to The PennDOT, license suspensions will be as follows:

  • The first suspension will be for a period of 5 days for every point you have assessed to your license
  • The second suspension will be 10 days for every point
  • The third license suspension will be 15 days for each point
  • Any subsequent suspension shall be for a period of one year

You should know that some tickets come with an automatic license suspension should you be found guilty.

For this reason alone, it’s vital that you hire a traffic ticket attorney so that you do not lose your ability to drive. Call The Shelton Firm today at (717) 823-0899 and so we can help keep you on the road.

At The Shelton Firm, we understand how important your driver’s license is for your daily lives and exactly how to assist when fighting traffic tickets.

At The Shelton Firm we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket defense.   

Our goal is to bring quality and affordable representation to the residents of Chester, York, Lebanon and Lancaster County.

Your Options After A Car Accident

Your Options After A Car Accident

Struck by a moving vehicle?  Hurt as a passenger in an automobile collision?

A personal injury lawyer can help!

personal injury attorney the shelton firm lancaster pa

We are going to tell you exactly what you need to know so that you’re not stuck with expensive medical bills. The Shelton Firm can help you make sure you are fully compensated after your crash.

At The Shelton Firm, we understand that you need to be compensated if you are involved in a car accident that was not your fault.

Lawsuits towards negligent drivers are the most common type of legal action in Pennsylvania. The type of insurance your carry plays a major role in your ability to sue a negligent or careless driver. In Pennsylvania, you are offered 2 types of insurance, Full or Limited Tort.  

  • Full Tort means you are able to sue a driver for an accident in which you experience a loss not covered by your insurance.
  • Limited Tort simply means that your options to sue have been limited, to the four exceptions below, and you’ll get a discount on your automobile insurance rate.

Because of the initial savings, many drivers choose Limited Tort insurance, This can result in having to pay more out of pocket when an accident occurs.

Many people are unaware that, in Pennsylvania, you are allowed to make a Full Tort Claim, even if you are a limited tort driver if you meet one of the following exceptions.

  • The responsible Driver is charged with DUI
  • The responsible Driver is driving a vehicle registered in another state
  • The responsible driver intentionally attempted to injure himself or another
  • Any accident where you have serious impairment of body function
  • You are injured as a passenger in a commercial vehicle

Now that you know your rights make that phone call to The Shelton Firm to ensure that the responsible people pay for your pain and suffering.

There are two important steps to achieve the most from a personal injury suit.

The first step is to determine who was at fault.   The Shelton firm will help identify and contact all responsible parties to be sure they are held accountable.

The second step is to determine damages.  Damages are determined by examining all hospital visits, doctor visits, treatments received, and surgeries provided.  

Our personal injury attorney will sort through the mountains of reports and claims to determine how much you are entitled to. We’ll speak with the hospitals, doctors, and insurance companies and make sure that every dollar you have spent in medical treatment is accounted for.  

Then our personal injury attorney will negotiate a fair amount for you or take your case to trial.

We will stick by you until you receive the maximum compensation allowable under the law.

Don’t get stuck dealing with insurance companies alone, allow The Shelton Firm to handle your civil matter and come in for a Free Consultation today.

We represent clients in Lancaster car accidents, Chester County car accidents, and Lebanon County car accidents.  Reach us today at (717) 823-0899 and find out how we can help to get your life back to normal.

At The Shelton Firm, we offer legal services ranging from Criminal Defense, Personal Injury, Automobile Accidents, DUI, Divorce and Separation Issues, Expungements and Sealing of criminal records, and Traffic Ticket Defense.  Our goal is to bring quality and affordable representation to the residents of Chester, York, Lebanon, and Lancaster County.

Preliminary Hearing: What You Can Expect

Preliminary Hearing: What You Can Expect

It’s always a good idea to have a criminal defense attorney represent you at a preliminary hearing.

You should hire a criminal defense lawyer before the preliminary hearing.

Before you proceed to a trial in front of a jury the Commonwealth of Pennsylvania, you should know that you are constitutionally guaranteed to have a preliminary hearing and you should hire a criminal defense lawyer prior to the preliminary hearing.

Here’s What To Expect At The Preliminary Hearing

At the preliminary hearing, the Prosecutor must present evidence to the Magistrate to prove that (1) a crime was committed and (2) you were responsible.  

The standard of proof at the preliminary hearing is by a preponderance of evidence — meaning that something was more likely than not. If the Magistrate finds there’s sufficient evidence he will hold the case over for a jury trial at the court of common pleas.

If the judge finds the evidence lacking he could dismiss the case completely or dismiss some charges and allow the case to proceed.

Here’s What To Expect At A Suppression Hearing

A suppression hearing is a court appearance where both sides can argue about whether the evidence against a defendant should be thrown out because the defendant’s constitutional rights were violated. It’s instituted by your defense attorney filing a Motion to Suppress the evidence.  

Evidence being suppressed means that it can no longer be used at trial and often times this is devastating to the Prosecution’s case. The Prosecution begins the hearing with testimony that explains why the evidence should be allowed.

This is another chance for a criminal defense lawyer to be able to question the witnesses before trial. In addition, the defense attorney gets to put on evidence of its own explaining why the evidence should be suppressed.

Typical motions to suppress include:

  • Physical evidence illegally obtained by the police through an illegal search
  • Identifications by show-up or line-up or photo line-ups or
  • Suppression of statements of the accused taken by the police
  • After the hearing, the case proceeds to trial

When your case is put on the trial list, it’s expected that your case will proceed to a full trial and the court will take steps to secure a jury panel to hear your case.

At the time of trial, the Commonwealth must prove that you are guilty of the alleged crime beyond a reasonable doubt.

Reasonable doubt is a doubt that would cause of a reasonably prudent person to pause or hesitate before making an important decision in their life.

You would not be required to present any evidence or to testify but you have the right to do both if you wish. All 12 jurors would have to agree that you are either guilty or not guilty.

Here’s What To Expect At A Sentencing Hearing

If your case ends with a conviction, either due to a guilty plea or a finding of guilt after trial, the next step will be a sentencing hearing.

  • If you have pled guilty, the sentencing hearing can either take place on the day of the plea or on a subsequent date.
  • At your sentencing hearing you, or your attorney, will be permitted to present arguments for the sentence that you feel is warranted based on your criminal offense.
  • Often times, this is your chance to explain why the crime was committed, how you plan on rehabilitating yourself and apologize for your conduct in hopes that you receive a lighter sentence.

Allow the Shelton Firm to represent you today.  Hire our criminal defense attorney to fight those charges and make sure you get the best outcome possible.  The firm represents clients in all phases of a criminal matter and we make sure you get the best possible outcome. Call us today at 717-823-0899.

Please feel free to contact The Shelton Firm today and request a free consultation.  The Shelton Firm is a criminal defense law firm representing clients in Lancaster County, Lebanon County, Chester County, York County, and Berks County.