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.

Questions To Ask Your DUI Attorney

Questions To Ask Your DUI Attorney

Before a DUI attorney can give you feedback about your options, he or she needs to understand the charges and evidence. Answer any questions an attorney asks you with candor.

Here are some questions to ask your DUI attorney if you find yourself in a bad spot.

Once you have talked about your case, you can ask these questions of attorneys at The Shelton Firm:

  • Is a plea agreement a possibility? Would you recommend it?
  • Should we go to trial?
  • How does the court process work? What should I expect?
  • How long will do you think my case will take to come to a resolution?

Some additional relevant questions you may want to ask an attorney include:

  • Will anyone else be working on my case? Can I meet them?
  • Who will be representing me in court?
  • How quickly can I expect a response if I need to contact you?
  • How do you prefer to be contacted?
  • How often will I receive updates on the status of my dui case?

Hiring an Attorney

After meeting with The Shelton Firm, you’ll want to make a decision in a timely manner so the DUI attorney can start working on your case.

If you’re not sure if The Shelton Firm is right for you, and you’ve visited multiple firms, here are a few questions to ask yourself:

  • Which attorney had the experience I need for the best outcome in my case?
  • Which one offered advice I found most helpful?
  • With which attorney was I most comfortable?
  • Whose legal fees can I afford?

If you are considering hiring a defense attorney for your DUI case, our experienced DUI lawyers will protect your rights and ensure you get the best representation possible.

Helpful Links For Driving Under The Influence In Pennsylvania

DUI Legislation In PA

Everything You Need To Know

DUI Penalties

Charged With Driving Under Suspension: 1543(b)?

Charged With Driving Under Suspension: 1543(b)?

Here’s what you need to know…

If your Pennsylvania driver’s license is suspended or revoked for any reason, and you are caught driving, you could be facing serious penalties.

If the original suspension was due to a DUI or you have multiple suspended license violations, you may be subject to mandatory jail time.

Many people do not realize (until it’s too late) that driving on a suspended license is such a major offense. In fact, many people are not even aware that their license is suspended until they are pulled over for some other reason. 

Most people don’t think about it this way, but… having a drivers’ license is a privilege and not a right.

Once your license is suspended, revoked, or canceled, if you chose to drive you are directly violating the suspension, and that can have serious consequences if you are caught.

Here’s how the law about driving under suspension is written in Pennsylvania:

§ 1543(b) of Pennsylvania’s Motor Vehicle Code is the law regarding “driving while [a person’s] operating privilege is suspended or revoked.” A § 1543(b) citation applies to those who’s operating privileges have been suspended, revoked or canceled due to a condition of acceptance of Accelerated Rehabilitative Disposition for a DUI violation or for refusing to submit to chemical testing as part of a DUI arrest. Section 1543(b) applies and is considered suspended until a person’s driving privileges have been restored.

Caught driving under suspension? Call 717.823.0899 for a free consultation.

The Consequences for driving with a § 1543(b) suspended license are severe. Understanding the consequences of this charge can help prevent and avoid further violations that could cause even longer suspension or possible incarceration.

What are the penalties for a 1543(b) charge in Pennsylvania?

75 Pa.C.S.A. § 1543 (b) – This is charged when a person is caught driving when their license is suspended for an offense that is related to a DUI conviction or a chemical test refusal following an arrest for DUI.

The punishment for this violation is:

  • First Offense: 60 days in jail and a $500 fine
  • Second Offense: 90 days in jail and a $1000 fine
  • Third or subsequent offense: at least 6 months in jail and a $2,500 fine

75 Pa.C.S.A. § 1543 (b) (1.1) – More severe penalties will be imposed if a driver has a DUI-suspended license and is caught with a blood alcohol concentration of at least .02 percent, has any controlled substances in their system, or refuses to submit chemical testing on suspension.

The punishment for this driving under suspension violation is:

  • First Offense: 90 days in jail and a $1000 fine
  • Second Offense: At least 6 months in jail and a $2500 fine
  • Third or subsequent offense: At least 2 years in jail and a $5,000 fine for a third offense.

Many drivers make the mistake of thinking that they can drive after 12 months of suspension. You are eligible for reinstatement after serving your suspension, but you must go through the steps of getting your license reinstated, including the installation of an ignition interlock device in repeat DUI cases.

How A Pennsylvania Criminal Defense Attorney Can Assist When You’re Charged With Driving Under Suspension

If you are charged with a 1543(b) or violation, it’s in your best interest to consult with a criminal attorney before your first hearing. Call us today at (717) 823-0899 to find out how we can help to get your life back to normal.

https://www.thesheltonfirm.com/hire-traffic-ticket-lawyer/

https://www.dmv.pa.gov/Information-Centers/Suspensions/Pages/default.aspx

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 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.

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.

Additional CBD Links

https://www.greenroadsworld.com/pages/cbd-hemp-oil-pennsylvania/

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.