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.

How Reckless Driving Affects You

How Reckless Driving Affects You

Have You Been Charged With Reckless Driving?

Here’s what Pennsylvania law says about: § 3736. Reckless driving
According to 75 Pa. Cons. Stat. § 3736, reckless driving occurs when an individual drives their vehicle in willful or wanton disregard for the safety of other people or property.

It’s a serious offense in Pennsylvania and carries penalties such as license suspension, fines, and possible jail time.

Several actions may constitute reckless driving, and several other traffic offenses may be incurred simultaneously.

These infractions include speeding, driving without a license, driving while impaired, performing an illegal maneuver, and more.

What’s the difference between careless and reckless driving?

Careless driving is defined by section 3714 of Pennsylvania’s code as driving with “careless disregard” for the safety of persons or property. To help clarify the differences, an example of careless driving may be a person falling asleep behind the wheel, which is a summary offense.

Reckless, on the other hand, involves a person deliberately driving without care, such as excessively speeding.

Penalties For Getting Charged – May Include (but not limited to):

Pennsylvania code states that reckless driving is considered a summary offense under the law and is penalized with a fine of $200 upon conviction. Additionally, if convicted, you face a license suspension of six months. The $200 fine doubles if the incident occurs in a work or emergency zone. In some cases, the convicted may face jail time.

If you’ve been charged, contact a criminal defense attorney as soon as possible. Call us today at (717) 823-0899 for a free consultation 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.

Can You Get A DUI For Using CBD Oil in PA?

Can You Get A DUI For Using CBD Oil in PA?

CBD oil doesn’t cause impairment but it is still a drug

cbd oil and dui what you need to know

CBD oil is everywhere, literally… everywhere in PA. It’s sold in the Park City Mall, Turkey Hill Markets carries it, and you can buy it in dispensaries all over the tri-county area.

One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil. Our DUI attorneys have received a number of questions about this drug and impaired driving in the Commonwealth.

CBD has been shown to improve a wide variety of medical conditions ranging from mental to physical health. It’s been linked to improving epilepsy and certain anxiety disorders. It also has the ability to relieve pain symptoms due to its anti-inflammatory properties. 

So, what’s the deal with CBD oil and DUI?

If you are arrested for a drug DUI under Section 3802, it’s important that your criminal defense lawyer understands any of your prescription medications (including medical marijuana) as it could negatively influence the outcome of your case.

If you are on prescription marijuana, such as CBD, it’s important that your attorney brings to the court’s attention the fact that CBD oil does not have the intoxicating effect due to the lack of THC within it.

If the prosecution does not stipulate to this evidence, there will more than likely need to be an expert witness called for the defense as the results of a blood test could indicate the presence of marijuana as CBD is a derivative of the plant.

Contact The Shelton Firm today if you have been charged with a DUI and have questions.

The U.S. Food and Drug Administration has not approved any CBD products for treatment. It can be difficult to understand exactly what’s inside certain products, because they lack any federal regulation. If you’re considering CBD health products, consult a medical professional.

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