A Common Pleas Court judge in Allegheny County, Pennsylvania, became all too aware of this in mid-December when he was stopped by an officer who saw him back into another vehicle not far from the police station. The officer said he smelled alcohol on the judge's breath and that he failed field sobriety tests.
]]> The judge was scheduled for a preliminary hearing on two misdemeanor counts of driving under the influence and a summary traffic citation, but he instead was able to enter the Accelerated Rehabilitative Disposition program last week. If he successfully completes the program and does not reoffend, the charges will be expunged from his record.A DUI conviction can have multiple negative consequences: Your insurance rates will skyrocket, you'll have fines and court fees to pay, you could lose your license and even go to jail, which could result in the loss of your job. The ARD program and others like it offer first-time offenders a second chance of sorts. For those who qualify, the program can be especially helpful for professionals and college students who don't want a single mistake to ruin the rest of their lives.
If you've been charged with driving under the influence, one of your first steps should be to contact an attorney who focuses on drunk-driving offenses. The sooner you start building your defense, the better able you'll be to make the right decisions and avoid the toughest consequences.
Source: Pittsburgh Post-Gazette, "Judge charged with DUI enters program for first-time offenders," Sadie Gurman, Feb. 2, 2012
]]>The judge, who oversees the criminal court docket in Easton, Pennsylvania, has been taking away suspects' licenses to push them into pleading guilty or applying for court diversion programs that avoid a trial, such as the Accelerated Rehabilitative Disposition program. He does it both to keep cases moving and to protect the public from defendants who might drive drunk while they're awaiting their day in court. But some are calling its constitutionality into question, including a local district attorney's office.
]]> The judge says he sometimes demands a defendant to hand over his license as a bail condition pending the outcome of a postponed case, and that it's no more questionable than having them submit to random drug testing. And state law does allow a judge to set bail conditions, including this one. Other judges have done this, too, but usually only in extreme cases at the prosecutor's request, and usually for drivers who have an obvious problem with alcohol. The Pennsylvania judge says he only does it if he thinks the public might be put in danger otherwise, say from a repeat offender or a defendant accused of having a high blood alcohol content.While it's possible the practice protects the public from a drunk driver, it doesn't protect the defendant, who usually needs his or her car to drive to work and earn money to pay bills. The practice also doesn't prevent defendants with multiple convictions and a chronic drunk-driving problem from driving without his or her license. An alternative that other judges use is drug and alcohol testing, which keeps tabs on possibly innocent defendants without punishing them.
What do you think? Is this judge protecting the public, or simply presuming guilt over innocence before a conviction?
Source: The Morning Call, "Policy of taking licenses before a DUI conviction draws critics," Riley Yates, Jan. 28, 2012
]]>People who qualify for the ARD program are usually charged with summary offenses and nonviolent crimes, and have a minor or no criminal history. But whether a person is admitted into the ARD program depends on a wide variety of circumstances, as both drivers in a collision that happened last February in Stowe, Pennsylvania, recently discovered.
]]> One of the drivers was a mother whose child was unrestrained in the back seat of her car at the time of the crash. The 3-year-old girl suffered a small hematoma and a fractured facial bone, according to the criminal complaint. The mother pleaded guilty to a misdemeanor charge of endangering the welfare of a child and was sentenced to five years' probation, including parenting classes. She asked to be admitted to the ARD program, which would have wiped her record clean as long as she successfully completed probation, but prosecutors denied the request, citing "nature and circumstances."The other driver in the crash was an Amity Township supervisor whom investigators accused of driving drunk after they found him walking around outside his vehicle after the crash, apparently nursing a head injury. A blood test determined the man had a blood-alcohol content of .0991 percent, just over the legal driving limit. The arrest affidavit says he admitted to drinking at a tavern before stopping at a doughnut shop. As he left the shop, he allegedly failed to enter the highway safely, and the woman's car ran into his.
The supervisor pleaded not guilty to charges of DUI, recklessly endangering other persons and careless driving and is currently awaiting trial. He requested entry into the ARD program to avoid the possible two to four years in prison he faces if convicted, but was also denied by prosecutors, who cited "nature and circumstances: accident with injury" as the reason.
ARD and other alternative sentencing programs may not be available for everyone, but an experienced criminal defense attorney can explain them to you and, if you qualify, help you through the process. It could make all the difference in the aftermath of your arrest and conviction.
Source: The Times Herald, "West Pottsgrove mother sentenced to court supervision," Carl Hessler Jr., Jan. 20, 2012
]]>To address the issue and prevent students from making poor decisions that could affect the rest of their lives, some colleges and universities in Pennsylvania are offering mandatory courses on the risks of alcohol abuse.
]]> At Penn State, for example, all new students are required to complete a two-part online seminar that uses science-based research to inform them of the potential dangers of drinking. The second part of the program can be completed no less than 30 days before the first part, presumably to let the information sink in before students revisit the topic. Other colleges and universities have mandatory alcohol awareness lectures for freshmen. One of these, Keystone College, requires all of its student athletes to attend the lecture. Although the programs vary slightly from one school to the next, the message is the same: Drinking carries serious risks, from alcohol poisoning to drunk driving.Although some students do come to college with a figurative six-pack already under their belt, the temptations and pressure to drink are often higher than they were in high school. Bars seem to line the streets of college towns, and happy hour specials can be especially appealing to students on a budget. Bar owners know they have a perpetual customer base streaming from universities, and many are located within walking distance to make it easier for students to avoid driving drunk.
But one local university dean says internal studies indicate that binge drinking tends to happen more often at off-campus parties, where there's usually a free-flowing keg and no older adults reminding students to drink safely and responsibly.
Can a required college course cut down on the problems that some college students face as a result of alcohol? Higher learning institutions in Pennsylvania are eager to find out.
Source: The Times Leader, "Schools aim to teach alcohol education," Andrew M. Seder, Jan. 23, 2012
]]>One of the biggest deterrents to repeat offenses is the cost of a DUI. First-time offenders tend to spend about $5,000 in court costs and attorney fees. A second offense can cost double that amount. That doesn't take into account increased fees for car and health insurance, driver's license reinstatement and lost wages if you're fired as a result of your conviction. For some drivers, including already cash-strapped college students, these costs can be enough to never drink and drive again.
]]> There's also the price of guilt, at least for some offenders. The director of law enforcement services for the Pennsylvania DUI Association says there are three types of offenders in the state: One-third are so shaken by the incident that they vow never to let it happen again. Another third are generally motivated by the actions of the court, he says, and might not seek counseling if they weren't ordered to do so. Yet another third are hard-core offenders who simply don't care. The director says all three types of offenders need community and legal help.One form of that help currently available is the Accelerated Rehabilitative Disposition program, which allows offenders to avoid jail time and a criminal record in exchange for mandatory drug and alcohol counseling, community service and attendance of victim impact panels. ARD has prevented many offenders from repeating their crime. Many others will drink and drive again, though. Those offenders may be sent to DUI treatment court, which tries to address the underlying issues and prevent the costs from piling up further -- both for the driver and his victims.
Source: York Daily Record, "Fallout after a DUI can be costly in many ways," Emily Opilo and Rebecca LeFever, Jan. 14, 2012
]]>But not even police officers are immune from mistakes. A commander of the state police barracks was arrested last week and charged with driving under the influence and failing to stay in his lane. The arresting officer reported that the commander failed three sobriety tests and registered a blood alcohol content of .281, more than three times the legal driving limit.
]]> The commander, who had overseen the state police barracks for about five years, retired shortly after his arrest. There's been no word on when he'll make his first court appearance, but many have already voiced their opinions on the arrest and what it says about state law enforcement.Although the public has already expressed disappointment in the commander's actions, citizens are also applauding the state police trooper who made the arrest for ensuring the incident wasn't quietly swept under the rug. A former state chairwoman for Mothers Against Drunk Driving who is now a volunteer adviser called the situation a tragedy, in part because the commander has so much experience when it comes to drunk driving enforcement. But she added that in her experience, someone driving with a BAC as high as the commander's usually indicates they've driven drunk before.
But until the commander sees his day in court, that notion is purely speculative. If he is convicted, he'll be subject to the same prosecution and penalties any private citizen would face. Given the public's commendation of the arresting officer's fairness, it would be fair to hope that the commander doesn't undergo unusually harsh treatment in court simply because it's his job to enforce the rules he's accused of breaking.
Source: York Daily Record, "Activists: Arrest of law enforcement official disheartening," Angie Mason, Jan. 7, 2012
]]>The man knew he would be drinking at a party, so his girlfriend agreed to be his designated driver. On their way home, his car was hit head-on by a driver going the wrong way. In the confusing aftermath, a state police became convinced that it was the man who had been driving, and asked him to take a blood-alcohol test. But he refused, and days later, he discovered the state Department of Transportation had suspended not only his driver's license, but his commercial trucking license. State law mandates an automatic license suspension for a driver who refuses to take the test if a police officer has grounds to demand one.
]]> The man made two unsuccessful appeals, though one judge disagreed with the Commonwealth Court's decision, saying that the purpose of DUI laws is to prevent drunk people from driving, not to punish passengers for refusing a blood-alcohol test. The man could still appeal to the state Supreme Court, but it's not likely to take his case because it lacks a constitutional issue that would change state law.Although the DUI charge against the man was dismissed at a preliminary hearing, the license suspension issue hinges on whether the state trooper had "reasonable grounds" to suspect the man was driving under the influence. The trooper has said that the man smelled of alcohol, the car was his, and he had a bloody face that seemed to correspond with blood on the driver's side air bag. But the man contends no testing was done to determine whose blood it was, and his attorney says evidence that could have shown his client wasn't driving was "completely ignored."
The judges who dismissed the man's appeals agreed the trooper had grounds to demand the test. But submitting to it likely wouldn't have produced a better outcome for the man. It's unfortunate that in this case, the man was forced to make a choice that would hurt him either way on a night when he was just trying to do the right thing.
Source: PennLive.com, "Passenger's refusal to submit to blood-alcohol test triggers 'collision between law, common sense,' lawyer says," Matt Miller, Dec. 30, 2011
]]>The devices require a sober breath test (typically a maximum blood alcohol content of .03) for the vehicle to start, as well as periodic tests after it's running to prevent a driver from getting a sober person to start the car before he or she drives away intoxicated.
]]> The bill could become the latest of several laws nationwide to require the devices for first-time DUI offenders. Sixteen states have similar laws, with Connecticut passing its law last week.The executive director for the Pennsylvania chapter of Mothers Against Drunk Driving called these laws an effective deterrent. Citing the case of New Mexico, she said first-time DUI arrests have decreased by 37 percent and alcohol-related crashes by 31 percent in the three years since its law was passed.
The senator proposing the bill said drunk driving costs Pennsylvania taxpayers $2.19 billion per year.
Under current law, only those convicted for the first time with a BAC of more than .15 require the devices, usually for one year from the conviction date. First-time DUI offenders with a lesser BAC face a mandatory minimum of six months' driver's license suspension, a $300 fine and mandatory attendance at alcohol highway safety school. The new bill would reduce the license suspension to 15 days after application for a limited occupational license, but would require the installation of an interlock device in every vehicle he or she owns and operates, at the driver's expense. And the devices don't come cheap: Installation and maintenance costs $100 to $120 per month per vehicle.
Not surprisingly, law enforcement agencies support this bill and current laws similar to it. But what about public opinion? If the legal driving limit is .08 and an ignition interlock device requires a BAC of .03, it could prevent a driver from legally operating a car. Is it fair to drivers who want to drink responsibly after having learned their lesson from a one-time conviction?
One thing is certain: If the law passes, anyone convicted of a DUI, no matter how close to the minimum BAC of .08, will face an expensive and inconvenient penalty.
Source: Daily Local News, "First-time DUI offenders face mandatory use of ignition interlock devices," Fran Maye, Jan. 9, 2012
]]>But one driver managed to do double damage in just a few minutes that night, according to police in Bullhead City, Arizona. First, they were called on a report of a pickup truck that had plowed through a fence and crashed into a motor home just after midnight. Police found the passenger still in the truck, but the driver had already left the scene.
]]> Another call came in minutes later, this one reporting that the same green pickup truck had crashed through a different fence and into a children's playground set just a few minutes before Jan 1 began. Police then received a third call, this time from a man claiming to have been injured by a group of people trying to steal his vehicle -- a green pickup truck. The caller was picked up and taken to a hospital for treatment.But after talking with the passenger from the first reported incident, police were able to confirm that the man claiming his truck was stolen was, in fact, the driver who abandoned the truck and its passenger. The man later admitted to being the driver in both accidents, according to police. He went from the hospital to the county jail and was booked on charges of false reporting to law enforcement, DUI impaired to the slightest degree, under 21 with alcohol in body, under 21 driving with alcohol in body, leaving the scene of an injury accident and criminal damage. He was also cited for having no insurance.
Just as all of those pre-New Year's Eve announcements warned, driving while intoxicated is a bad idea. Doing it twice is even worse. An attorney might have advised the driver in these incidents to avoid admitting fault in either accident to police, which may have hurt his case even further. As the saying goes, two wrongs don't make a right.
Source: Mohave Daily News, "Bullhead City man arrested after two New Year's accidents," James Chilton, Jan. 3, 2011
]]>A Pennsylvania woman will get the chance to find out when she appears in court in connection with a crash that seriously injured a state police trooper. The officer was parked in the grass median of a road, monitoring traffic, when the woman's car left the road and slammed into the cruiser's driver's side door, according to a police report. He was flown to a hospital with a broken pelvis and internal bleeding.
]]> Court documents say state troopers smelled alcohol on the woman's breath, and that when she was asked if she had been drinking, she admitted to consuming wine earlier that day. After consenting to blood, breath and field sobriety tests, she was arrested on suspicion of DUI, careless driving, reckless driving and driving at an unsafe speed. At her arraignment last week, she was charged with aggravated assault by vehicle while DUI, among multiple other charges.When a law enforcement officer is injured or killed in the line of duty, it can, in fact, affect the suspect's treatment in court. Criminals who knowingly harm officers can face extra charges and stiffer sentences, and if the officer has been on the force for several years, emotions of those involved in the suspect's prosecution can seep in. In this woman's case, that's not as likely to happen. The trooper who was hit is a rookie who graduated from the police academy last April. And prosecutors probably won't argue that she hit the trooper on purpose. She also told police she has a family and a master's degree, indicating she's not a career criminal.
Nevertheless, some defendants do risk being treated differently if their case involves a law enforcement officer. If you're involved in such a case, it's all the more important to seek out a criminal defense attorney who can vigorously defend you and ensure you receive fair treatment.
Source: Daily Local News, "Wreck sends state cop to hospital, woman charged with DUI," Tom Kelly IV and Jennifer Carboni, Dec. 30, 2011
]]>The son of a district attorney in Pennsylvania made the news with his arrest on suspicion of drunk driving. The state attorney general's office will be asked to prosecute the 25-year-old's case to avoid an obvious conflict of interest.
]]> According to court documents, the man was witnessed by police making a sharp, fast left turn without signaling but with tires squealing, and his tires went over the yellow center line of the road after he turned. The officer who pulled him over said the driver's eyes were red and watery and his speech was slow. He also smelled of alcohol, according to charging documents. A blood test later revealed a blood alcohol level of more than twice the legal driving limit.The driver has said he takes full responsibility for his actions, which is about the only appropriate thing to say when your father is the district attorney. A preliminary hearing for the charges is expected soon.
Will this driver get the same treatment that any private citizen would expect to receive? That may depend on the prosecutor. The driver deserves to be treated no differently. However, if the prosecutor feels compelled to make an example of the district attorney's son or demonstrate that family members of public servants don't get special treatment, he could actually be given slightly harsher punishment. But that remains to be seen. For now, this driver may be doing everything he can to avoid tarnishing his father's reputation along with his own.
Source: York Dispatch, "York County DA's son charged with DUI," Elizabeth Evans, Dec. 29, 2011
]]>Act 81 is also known as Lacey's Law, named after a Philadelphia teenager who was killed in a crash on prom night while riding with six other teenagers. So it's fitting that one of the new restrictions is on the number of passengers a teen driver can have in the car. Only one non-family member passenger is allowed during the first six months of driving, unless the driver is with a parent or legal guardian. After six months, up to three non-family member passengers are allowed, but only if the driver hasn't been convicted of a traffic violation or been held partially or fully responsible for a crash.
]]> Seatbelt rules are also tighter. A law enforcement officer can pull over a driver with no other cause if anyone under the age of 18 is seen not wearing a seat belt. For older drivers this is a secondary offense and not enough cause for a traffic stop.New drivers must also complete more education under Act 81. The previous required amount was 50 hours of behind-the-wheel training. The new requirement is 65 hours, including 10 hours at night and five hours of driving in bad weather.
While some teens might view the new law as punitive, all of these rules are intended to make the roads safer. But they do mean that teens face penalties for violating them. Tickets for these violations could result in both fines and points on their driving record, which could drive up insurance costs and lead to longer restrictions on their license. It may not seem fair if you're a teen yourself, but if you follow the rules, you'll develop good habits early, decreasing your chances of getting traffic tickets in the future.
Source: WFMZ.com, "Tougher law takes effect for drivers in Pa.," Melanie Falcon, Dec. 26, 2011
]]>A school van driver in Wilkins Township, Pennsylvania, was pulled over Tuesday on suspicion of drunk driving. He was on his way to pick up students at Wilkins Elementary School when he was stopped. No children were on board at the time, but a police officer said the driver admitted he'd been drinking. He apparently had stopped at a pizza parlor, where a manager noticed he was drunk, took down the van's number and called police, who then pulled the driver over.
]]> Police said they conducted a field sobriety test and a breath test on the man, and that he failed both. They then took him to a hospital for a blood test and onto the police station, where he was released. Authorities are still waiting for the results of the blood test.The public has little tolerance for drunk drivers, and even less for those who are supposed to keep children safe from harm. If the pizza restaurant served alcohol, the restaurant manager was likely accustomed to keeping an eye out for intoxicated patrons. But even if that's not the case, this driver should have known that he would face much more serious consequences than an ordinary motorist accused of driving drunk. If he's convicted, he could be sentenced much more harshly and will probably lose his job.
If the driver had been pulled over while there were children in the van, he could have faced charges of aggravated DUI. That conviction can result in community service, a long or permanent license suspension, confiscation of a driver's vehicle and hefty fines. It also usually requires jail time and installation of an ignition interlock device, which prevents the car from working without a sober breath test.
But it's important for all drivers to be cautious about drinking and driving, especially around the holidays. You're much more likely to consume alcohol outside your own home at this time of parties and celebration. Law enforcement officers realize this, and are out in force looking for drivers showing any signs of intoxication. Whether or not you're traveling with children, DUI charges are never to be taken lightly.
Source: WTAE.com, "School Van Driver Pulled Over On DUI Suspicion," Dec. 20, 2011
]]>But what about other cellphone use behind the wheel? Where do you draw the line on distracted driving when it comes to personal electronic devices? The National Transportation Safety Board is proposing a ban on any use of a cellphone, reasoning that doing anything on a phone while behind the wheel constitutes distracted driving. But many lawmakers say the measure isn't likely to pass. Apparently some feel there's a limit to the traffic violations that already-strapped police forces are able to enforce.
]]> Some lawmakers said they would be much more willing to limit the ban to handheld phones, leaving headsets and other hands-free devices legal.The topic is controversial for a number of reasons. First, everyone seems to have a different opinion on what actually distracts drivers. Some say the problem is not having one's hands free. Others say it's the phone conversation itself that prevents a driver from focusing on the sights and sounds around them, regardless of whether their hands are on the wheel.
Then there's the debate over safety in emergencies. Firefighters rushing to an emergency sometimes need to call their dispatcher to confirm or get more information. Should they pull the engine over to the side of the road until they complete the call?
Some legislators disagreed with even the texting ban, saying that laws already exist on the books for distracted driving, including eating, applying makeup or scolding children in the back seat. They say naming yet another specific ban on one type of distraction is redundant. At least one Pennsylvania police chief counters that argument with the point that unlike those other distractions, cellphone use can be tracked and therefore better enforced.
Still, with limited manpower on most police departments statewide, law enforcement officers aren't sure they could enforce a ban on all cellphone use. The thousands of citations for which they would be forced to pull over drivers could be a distraction for them as they try to fight more serious crimes.
Source: York Daily Record, "Local legislators, police chiefs don't think full cellphone ban would pass," Rebecca LeFever and Teresa Ann Boeckel, Dec. 18, 2011
]]>The campaign comes just in time for the holidays, when drunk-driving incidents tend to spike. With it comes a coordinated effort by police in Pennsylvania and across the nation to crack down on impaired drivers. LaHood said the campaign will focus on three strategies: tough laws, continued enforcement and public education.
]]> Joining LaHood at a press conference announcing the campaign was the national president of Mothers Against Drunk Driving, an organization that has been highly influential in the creation and enforcement of drunk driving laws. Like many others who have joined MADD, Jan Withers became involved after her daughter was killed by a drunk driver.The campaign is by no means a new effort to crack down on drinking and driving, but serves as a reminder that especially around the holidays, law enforcement officers are out in force, looking for drivers exhibiting any signs of impairment. If you're pulled over and suspected of being intoxicated, you can expect to submit to breath and other field sobriety tests. If your blood alcohol level proves to be above the legal driving limit, you could face harsh penalties from judges who want to demonstrate their intolerance for drinking and driving.
This isn't to say you can't enjoy yourself at holiday parties and other gatherings. But if you do plan on drinking, now is not the time to take chances. Get a ride from a sober friend or call a cab. Otherwise, you could end up calling a criminal defense attorney instead.
Source: ABC News, "Ray LaHood Warns Americans to 'Drive Sober or Get Pulled Over,'" Sarah Burke, Dec. 13, 2011
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