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DUI Mistakes to Avoid if Pulled Over

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Avoid These Pennsylvania DUI Mistakes When Pulled Over

If you have recently been accused of a DUI, the moments immediately after the officer pulls you over and accuses you of drinking and driving are important. This is because many people make the mistakes in their DUI case immediately after being accused, and don’t realize the administrative or the criminal penalties that may apply.

DUI Check point

You should always speak with a lawyer to get more clarification on how you intend to proceed with a DUI case so that you have the facts fresh in your mind. This is one of the best ways to avoid a problem and to ensure that you take your case seriously.

What follows are several of the most common mistakes made at the scene of a DUI arrest:

  • Assuming that the case is impossible to win. If you speak to a criminal defender who starts to tell you immediately about your options for pleading guilty, it’s a good idea to get a second opinion. This can be a big mistake to assume that the case it over with before it even begins
  • Not visiting the scene. Make sure that you ask your criminal defense lawyer if they are comfortable or familiar with the area where the accident or the stop occurred. This is because you will want to conduct a comprehensive investigation and identify whether or not there are any challenges that can be used to threaten the government’s case.
  • Stipulating to the BAC presented by the authorities. You should never allege that the BAC is perfectly accurate until you have had an opportunity to identify whether or not this is true. In some cases, the machines used to identify blood alcohol content have not been properly calibrated or the person conducting the test did not know how to do it appropriately. You should always question whether or not this information is accurate rather than simply assuming that what the police officer says is automatically true.
  • Failing to put together a pre-trial motion. In practically every case of DUI in Pennsylvania, a pre-trial motion should be argued and filed. This is true even when no preliminary hearing was held.
  • Not questioning the validity of roadside tests. Roadside tests can be wildly subjective and may not actually identify whether or not a person is guilty of DUI. This is what makes it so important to retain an attorney who is knowledgeable about this field of the law and who will fight back.
  • Not using expert witnesses. Expert witnesses can make a big difference in winning and losing a trial. You may need to engage expert witnesses if there are extenuating circumstances in your case. This is particularly true as it relates to the reliability of breath or blood testing results. Expert testimony can be used to show that the officer in question was not handling the case appropriately. You need to talk to an experienced criminal defense attorney who is knowledgeable about DUI and one who regularly utilizes expert services. These are often an invaluable part of the equation.
  • Waiving a preliminary hearing. If you plan on contesting the charges against you, you should be prepared to head into the preliminary hearing. Just as if you pleaded guilty, you will be found 100% of the time by waiving a preliminary hearing because this means that you are not contesting the charges.

It is far better to schedule a consultation with an experienced criminal defense attorney who will walk you through every phase of your case and help you feel more prepared about what to expect. There are so many different circumstances that can affect the outcome of your DUI case but all of them can benefit from talking to a lawyer.

CONTACT THE KUSTURISS LAW

At Kusturiss Law, we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

How Can I Avoid Jail Time for a Bar Fight?

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Arrested for Being in a Bar Fight? How Can You Avoid Jail Time?

Arrested for Being in a Bar Fight? How Can You Avoid Jail Time?It can happen in an instant. You are having a beer with friends and a fight starts. Before you know it, you’re in the middle of the fracas. Police arrive and you are taken into custody, charged with assault, facing fines and even jail time. It may be the first time you’ve ever been arrested, and you are worried that you’ll end up in jail. You fear that a jail term could lead to the loss of your job. What are your options?

Voluntary Participation in Counseling

In a criminal case, the prosecutor has a certain amount of leeway, based in part on the seriousness of the crime, your criminal record, and your willingness to participate in rehabilitative programs. Pennsylvania has a special pre-trial intervention program called “Accelerated Rehabilitative Disposition,” where a defendant may participate in counseling or other court-approved programs and ultimately have the case dismissed and the record expunged. Unfortunately, the ARD program is generally limited to non-violent offenders with no prior record or a limited criminal record.

Nonetheless, if it’s your first charge and you can show that your involvement was “in the heat of the moment,” you may be able to avoid jail time by participating in voluntarily counseling, such as anger management classes or even one-on-one therapy with a professional counselor. In addition to participation in educational programs, the court may order community service, and may require that you make restitution of any material losses to the victim.

Even if the court sentences you to a period of incarceration, under the right circumstances you can get the court to subject you to house arrest, where you may only leave your house to go to work or to permissible appointments. In such instances, you may be put on an electronic tether, a device you must wear that identifies where you are.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting.

There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

How Can I Avoid Jail Time for a First DWI Conviction?

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Minimizing the Consequences of a First DWI Conviction

How Can I Avoid Jail Time for a First DWI Conviction?In Pennsylvania, the penalties for a DWI conviction depend in significant part on the “degree of impairment” or the blood alcohol content (BAC) at the time of your arrest. Generally, if your BAC is below 10%, you won’t face a jail sentence. The difference, though, between what the state considers general impairment and high impairment is relatively small, basically a matter of having one more drink. If you have been charged with high impairment—a BAC of 10% or higher—you can face up to six months in jail.

Pennsylvania’s Accelerated Rehabilitative Disposition Program

To facilitate rehabilitation when it seems clear that an offender simply made a one-time mistake, the Pennsylvania legislature has put in place the Accelerated Rehabilitative Disposition (ARD) program. ARD is available to certain non-violent offenders with little or no prior criminal record. Eligibility is determined by the prosecutor’s office, based on extensive screening. Prosecutors will typically look at:

  • the severity of the crime
  • the circumstances surrounding the offense
  • any indication of remorse
  • the perceived likelihood of rehabilitation
  • the offender’s willingness to participate in rehabilitative educational or counseling programs

Once in an ARD program, you will likely be required to complete substance abuse treatment, and may be required to perform community service. The court may also order restitution, if appropriate.

If you successfully complete the ARD program (which can last as long as two years), you can ask the court to dismiss the charges against you and to permanently expunge your case from the records.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting.

There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Problems with Breath and Blood Tests in DWI Arrests

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Media Pennsylvania DWI/DUI Breathalyzer Test Attorney

There are several issues that must be considered in any DWI arrest: 1.) did the officer have reasonable suspicion to pull you over? 2). Did he or she properly administer the field sobriety test? 3.) Did the officer have probable cause to give you a breath or blood test? 4.) Was the breathalyzer properly calibrated? Was the blood test tainted? At each stage in a DWI/DUI arrest, a failure to follow proper procedures may be grounds for dismissing the DWI/DUI charges against you.

Field Sobriety Test and Probable Cause

Field sobriety tests are used to establish probable cause for arresting you on suspicion of drunk driving. There are several problems with field sobriety tests, the least of which is the fact that a police officer acts as judge and jury in the field. More importantly, however, are issues associated with the test itself. Most police departments follow guidelines established by the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual.

The manual itself provides extensive instructions on how a test is to be given, what officers should do if a suspect shifts his weight to one leg momentarily, raises his hands above 6 to 8 inches, or pauses. The manual also instructs officers to give a field sobriety test on a flat, even, dry surface. Do officers always follow these guidelines? No – and when they don’t, our attorneys point out what was done incorrectly, questioning the test’s reliability in establishing probable cause to arrest you.

Breath Tests – Was the Breathalyzer Functioning Properly?

Forensic experts have questioned the reliability of certain breathalyzers link to https://en.wikipedia.org/wiki/Breathalyzer – like the Intoxilyzer 5000 – that operate according to what is known as “Henry’s Law.” In short, Henry’s Law assumes a certain alcohol to blood ratio that isn’t always reliable in certain situations. As a result, a number of factors can result in a false-positive reading in breath tests. For example, a false-positive can result if you used mouthwash, take certain medications, or the mouthpiece was not changed between tests.

Additionally, how you were asked to blow into the device can also sometimes affect the results. Since breathalyzers are machines, they must be properly maintained. If a breathalyzer isn’t calibrated correctly, breath test results will not be accurate. Our attorneys inspect the maintenance record for breathalyzers in order to determine if the one used in your arrest was not properly calibrated.

Blood Tests and DWI/DUI Charges

While more accurate than breath tests, there are several forensic issues that arise in blood tests as well: did the person who drew your blood wipe your arm with alcohol? Is there reason to believe the preservative in the test kit was expired? Did the sample contain mostly plasma or whole blood? Another issue in blood tests is their ability to detect drugs in your system. In the state of Pennsylvania, if drugs are found in your system, you face additional criminal charges – even if you last used them weeks ago.

Learn the Facts – Contact the Law Offices of John E. Kusturiss Today

There are a number of technical and legal issues involved in a DWI arrest. Depending on the actions of the arresting officers and the forensic materials used, your DWI/DUI arrest may be eligible for dismissal.

To learn how we can help you, contact Media DWI defense attorney John E. Kusturiss today online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

What Does Free Initial Consultation Mean?

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What Do You Get with a “Free Initial Consultation”?

Most personal injury and many criminal defense attorneys offer clients a “free initial consultation.” Unfortunately, that’s a pretty vague term and could cover a lot of different scenarios. Is there a time limit to the consultation? Will the lawyer answer specific legal questions? Can you get advice such that you can handle the matter on your own?

Ask When You Call

Because the definition of “free initial consultation” will vary from attorney to attorney, the best way to know what you’ll get is to ask the attorney or receptionist when you schedule the appointment. Here are some of the key questions:

  • Is there a time limit?—Attorneys generally get paid for their time. Accordingly, most offer a free initial consultation that lasts 30 minutes or an hour.
  • Will the lawyer give you an assessment of the potential strength of your case?—Often, attorneys cannot accurately assess the potential outcome of a case without having an opportunity to review the evidence. Typically, during a free initial consultation, the attorney will ask for an overview of what happened or what the issues are, and will want to know about potential sources of evidence. Most likely, the attorney will then tell you that, if the evidence supports it, you may have a claim for some type of recovery. However, the attorney will also require that you enter into a contingency fee agreement or make other financial arrangements before any further action will be taken.
  • Typically, before the initial consultation is over, the attorney will summarize the potential issues and advise you as to what needs to happen next, as well as how much it will cost.
  • Even if you don’t hire the attorney, all communications remain privileged and cannot be disclosed to others without your permission

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Computer Surveillance by Police. What Can You Do?

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Unbeknownst to most consumers, law enforcement agencies asked cell phone companies for subscriber information for an estimated 1.3 persons in 2013. Often, the requests are simply for location of a device, a request that currently does not require a warrant. Cell phone providers and police departments acknowledged the requests in hearings before a Congressional committee. Furthermore, it’s been revealed that, as early as 1999, the National Security Agency built what are called “back doors” into Microsoft Windows, so that they could essentially hack into the personal computers of anyone using the program.

So what are your options if you think you are being monitored or watched by police through your smartphone or your computer?

  • First, remember that your personal computer may not be searched without your permission (or a warrant). Though hackers can obtain access without permission, police must either observe illegal activity or get a warrant.
  • Always log off your e-mail and your shut down your computer when you are not using it.
  • Don’t use your employer’s computer or Internet access to handle any personal matters. Your work computer belongs to your employer, which allows your employer to monitor anything you have on it, and to provide access to anyone else without your permission.
  • Don’t use social media networks to discuss or disclose illegal activity. Law enforcement officers don’t need a warrant to go to your Facebook page.
  • Be careful about signing Terms of Service agreements. Most allow the web service provider access to your computer.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Multiple and Repeat DUI/DWI Offenses in Pennsylvania

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Media Pennsylvania Repeat DUI Defense Attorney

In the state of Pennsylvania, arrest on a repeat or felony DUI is a serious matter that almost always involves fines, the suspension of your driver’s license, and jail. Additionally, the look back penalty in Pennsylvania is 10 years. Consequently, even if your last DUI conviction was eight, nine, or ten years ago, if convicted again your conviction will be treated as a repeat or felony DUI. At the DUI defense Law Offices of John E. Kusturiss, Jr., we can often reduce the charges or sentence against you, depending on the circumstances of your arrest and your driving record.

Penalties for DUI Multiple Offenses in Pennsylvania

In the state of Pennsylvania, DUI penalties are, in general, a function of a person’s blood alcohol content (BAC). In cases involving a BAC between .08% and .099%, the following penalties apply for DUI multiple offenses:

  • Second DUI Conviction: a fine between $300 to $1,200; a jail sentence of 5 to 6 months; a one year suspension of your driver’s license; drug and alcohol assessment, alcohol safety training, and court reporting evaluation required; installation of an ignition interlock device for 1 year.
  • Third DUI Conviction: a fine between $500 to $5,000; a jail sentence anywhere from 10 days to 2 years in prison; the suspension of your driver’s license for 12 months; drug and alcohol assessment and court reporting evaluation required; installation of an ignition interlock device for one year.
  • Fourth DUI Conviction: a fine between $500 to $5,000; a jail sentence anywhere between 10 days to 2 years in prison; the suspension of your driver’s license for 12 months; drug and alcohol assessment and court reporting evaluation required; installation of an ignition interlock device for one year.

In cases where a person’s BAC is measured between .10% and .159%, the penalties include the following:

  • Second DUI Conviction: a fine between $750 to $5,000; a jail sentence anywhere from 30 days to 6 months; the suspension of your driver’s license for 12 months; drug and alcohol assessment, alcohol safety training, and court reporting evaluation required; installation of an ignition interlock device for one year.
  • Third DUI Conviction: a fine between $1,500 to $10,000; a jail sentence anywhere from 90 days to 5 years; the suspension of your driver’s license for 18 months; drug and alcohol assessment, alcohol safety training, and court reporting evaluation required; installation of an ignition interlock device for one year.
  • Fourth DUI Conviction: a fine between $1,500 to $10,000; a prison sentence between 1 to 5 years; the suspension of your driver’s license for 18 months; drug and alcohol assessment, alcohol safety training, and court reporting evaluation required; installation of an ignition interlock device for one year.

Contact Pennsylvania DUI Multiple Offenses Attorney John E. Kusturiss, Jr.

Conviction on a repeat DUI or felony DUI charge is a serious matter that can lead to several legal and personal complications in your life.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

What Happens If You Are Convicted of Driving Without a Valid License?

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The Consequences of Driving without a Valid License in Pennsylvania

The state of Pennsylvania takes a serious approach to driving without a valid license. State laws distinguish, however, between driving on a suspended license and driving without a valid license.

Driving with a Suspended or Revoked License

The sanctions for driving on a suspended or revoked license are substantially more severe than simply driving without a license. If you are convicted of operating a motor vehicle pursuant to a suspension or revocation, in addition to a $200 fine, you face automatic loss of your license for a minimum of one year (three years if your license was revoked and has not been restored). These penalties, however, apply only if you lost your license for non-payment of a fine or for accumulating too many points on your driving record.

The law imposes far more serious penalties if the initial revocation was for certain reasons, such as:

  • Accelerated rehabilitative disposition for a DUI
  • Refusal to submit to blood alcohol testing pursuant to a DUI stop

If you are convicted of driving while your license is suspended because of either of these conditions, you face a mandatory 60-90 day jail sentence, in addition to any fines assessed. Furthermore, if you have a BAC of .02 or greater at the time of your arrest for driving on a suspended license, you could face fines of up to $5,000 and incarceration for up to two years.

Driving Without a License

Under Section 1501 of Title 75 the Pennsylvania Statutes, you must carry a copy of a valid drivers license with you when you are on the public highways and property in the state. Even if you have a valid license, but forgot to bring it with you, you can be cited for driving without a license (though you may be able to get the judge to dismiss the charge by providing a copy of a valid license at your hearing).

The penalties for driving can include fines of up to $200, but you can reduce the potential fine to $25 if you show that you previously had a valid license and less than a year has passed since the required date for renewal.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at (610) 565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Pennsylvania’s New Sex Offender Registry Law—A Broad Scope

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Pennsylvania Sex Offender Registry Requirements Expanded

Under pressure to prevent the loss of federal funding, the Pennsylvania legislature passed and Governor Tom Corbett signed into law in December, 2011, a bill that considerably broadens the scope of the state’s sex offender registry. The federal Sex Offender Registration and Notification Act, known as SORNA, requires that all states adopt its provisions or lose substantial federal funding. Even though some components of SORNA have been held unconstitutional, Pennsylvania joined most other states in expanding the reach of its sex offender registry laws.

Applying the Registration Requirement Retroactively

The most significant change under the new law allows Pennsylvania to retroactively require registration. Under the new statute, if you have previously been convicted of a sex crime, and are currently on parole or probation for any type of offense (it doesn’t have to be a sex offense), you must register under Megan’s law. And you may have to register for life, based on the level of the sex offense.

So any conviction or plea bargain that includes parole or probation will require that you carry the stigma of a sex offender for the rest of your life, even if you had a single conviction, served your time, and have lived a model life ever since. A DUI could mean you have to register as a sex offender for something that happened decades ago.

Once you have been required to register, you must remain ever vigilant that you don’t violate the provisions of the law. Penalties for failure to register can include up to 15 years in prison. You must verify your location annually—if you fail to do so, you could face charges. If you change locations, you must notify Pennsylvania state police within 48 hours or you are in violation.

Contact Our Office

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Send us an e-mail or call our office at (610) 565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

The Root Causes of Shoplifting

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Why Shoplifters Steal

According to national studies, nearly one in every 10 people in the United States engages in shoplifting every year. Retailers estimate that they lose more than $13 billion in merchandise to shoplifters annually. Researchers have found that men are as likely to shoplift as women, and that shoplifting takes place in pretty much every type of retail establishment.

The Root Causes of Shoplifting

In a study conducted by MasterCard International, researchers identified two types of shoplifters—dubbed the “professional” and the “non-professional” shoplifters.

They found that 75% of those arrested for shoplifting claimed that their act was not premeditated—that they had not planned to steal anything before they went into the store. The non-professional shoplifters gave a wide range of reasons for their act, including:

  • Depression (multiple studies conclude that about one in three shoplifters suffers from depression)
  • Peer pressure
  • Thrill seeking

Researchers found that shoplifters rarely stole things because they couldn’t afford to buy them. In fact, the study showed that more often than not, people bought items at the same time they shoplifted. Frequently, the items stolen were not items that the person either wanted or ended up using. Researchers concluded that non-professional shoplifters steal because of the feeling it gives them…power when they feel powerless, worth when they feel worthless. Other explanations that non-professional shoplifters cited included substitute for some recent loss, justified payback, and relief mechanism.

By contrast, those considered to be professional shoplifters typically steal to resell goods, either to support a substance abuse problem, or because they would rather shoplift than get a real job.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at (610) 565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

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John E. Kusturiss, Jr.
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