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.

Lancaster City DUI Checkpoint on Nov 23 Leads to 7 Arrests

Lancaster City DUI Checkpoint on Nov 23 Leads to 7 Arrests

The day before Thanksgiving has slowly become one of the biggest drinking days of the year.  In response the Lancaster City Police teamed with several other Police departments to conduct one of the biggest DUI checkpoints of the year.    

The checkpoints were held on Queen Street and on Orange Street 3 years ago, both located In Lancaster City. Ultimately 7 drivers were arrested for DUI, and 4 others were arrested for possession of drugs.  At The Shelton Firm we understand that serious legal consequences can evolve out of what police call “routine interactions” with the public.

Police typically use information collected during a sobriety checkpoint to establish Probable Cause to draw the drivers blood and check it for Blood Alcohol Content (BAC) or Drug Metabolites.   Your appearance, things you say, and what is in plain view in your vehicle can all contribute to whether a policeman has probable cause to draw your blood.  Police can also ask you to perform a Field Sobriety test.

Due to recent department efforts across the state to curb drunk and drugged driving, It is important to be aware of your rights when entering a DUI checkpoint.  So here is what you need to know.

The Supreme Court has stated that although DUI Checkpoints are the equivalent of suspicionless motor vehicle stops they are not on their face unconstitutional.  They must follow certain guidelines so they can be held to not violate the 4th Amendment.  These guidelines are, (1) The Police may only conduct a momentary stop of your vehicle, less than 30 seconds, and they cannot physically search the vehicle or its occupants. (2) The Roadblock must be visible so as to limit the surprise of the people approaching the stop, this can include signs around 500 Feet out, and also the check point should be announced in a local newspaper.  (3) Also the decision to hold a Road block requires prior administrative approval, by a high ranking member of the Department.  (4)  Also the police must show, in court, that the location, and time selected for the checkpoint is likely to be traveled by intoxicated drivers, using empirical, or historical evidence.  (5)  Additionally, the question of which vehicles to stop at the roadblock should be determined by a predetermined standard that does not leave the cars to be stopped up to the officers discretion.

Many people believe that DUI Checkpoints are only designed to stop Drunk Driving.  This would be incorrect.  The numbers for Drugged Driving arrests have been consistently on the rise.  State and Local police have been on the lookout for Drugged drivers and have received extensive training in the signs of drug impaired drivers.

On average more than 1,500 drivers are charged with DUI every year in Lancaster County.  Pennsylvania has one of the strictest regulations regarding Controlled Substance DUI Drivers, which contributes to the stiff increase.  In Pennsylvania a driver can be found guilty of DUI under the Drug portion of the statute even if only a small amount of metabolite is present in the blood.  Metabolite is what remains in your body after it has processed the drugs.  Depending on the drug this metabolite remains in your blood and can be found with a blood test.  In PA the amount of metabolite required to be DUI is so low that a driver who smokes Marijuana on the 1st day of the month can be found guilty of DUI on the 30th day of the month, if the police have Probable Cause to draw your blood.

Have you been arrested or charged with DUI?  Dont navigate the confusing criminal justice system alone. Call The Shelton Firm 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.

Your CBD & DUI Questions Answered

Your CBD & DUI Questions Answered

One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil.

CBD has been shown to improve a wide variety of medical conditions ranging from mental to physical health, including epilepsy and certain anxiety disorders, along with its ability to relieve pain symptoms due to its anti-inflammatory properties.

But there are still a lot of unknowns about CBD oil. So we’re answering some of the most common questions:

What is CBD?

Cannabidiol (CBD) is one of the main cannabinoids found in the marijuana plant, which is extracted from the plant, without the chemical compound Tetrahydrocannabinol (THC), which delivers the “high” from marijuana (Schedule I controlled substance).

Unlike THC, which is responsible for marijuana’s “high” and psychoactive properties, CBD is non-intoxicating and does not alter your mental state.

Will Using It Lead To A DUI?

In Pennsylvania, a person is guilty of a drug DUI under Section 3802(d) if they are operating a motor vehicle if they are under the influence of any drugs or the combination of drugs or alcohol.

Drug DUI includes legally prescribed drugs! While a blood test can reveal the presence of a drug (legal or illegal) or alcohol, it’s essential to understand that a person can still commit a DUI under Section 3802(d) even if the drug is legally prescribed.

The Bottom Line On CBD & DUI

CBD doesn’t cause impairment, but it’s still a drug. Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act (Title 35) specifically list Cannabinoids as controlled substance in Pennsylvania.

Further, Section 3802(d)(1) makes it a crime in Pennsylvania for any person to drive or operate a motor vehicle while under the influence of any controlled substance, which would include CBD.

This means that if this drug is found within a person’s blood following an arrest, it could lead to a conviction for DUI within the Commonwealth for DUI.

You should hire a Pennsylvania Criminal Defense Attorney If you’ve been charged with a drug DUI. It’s in your best interest to consult with a criminal attorney before your first hearing. Call us today at (717) 823-0899 and allow us to help.

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.