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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 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.

I Repeat You Do Not Have To Talk To The Police

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As I sit here reading the local paper, I am once again amazed by the number of guilty pleas as a result of statements made to the police by people charged with a crime.  For some inexplicable reason people feel that if they talk to the police things will go easier for them… and in my experience that is just not the case!  Far to often if you just gave the police your name and answered biographical questions only you would preserve a defense to your charges or you may never be charged in the first place.

A common example is when individuals are looking at child pornography on a file sharing network that is picked up by the authorities.  The police then get a search warrant to search your computer and/or cell phone.  When they come to your house to execute the warrant they are extremely nice and understanding and state that they understand that you were only curious or only looked at it one time.  Don’t be fooled! They want a confession to make their job easier.  With out the confession they have to prove that you were the only one with access to the computer and therefore the one downloading and sharing those images!

It is your constitutional right to remain silent!  So when in doubt call… a lawyer first!  He or she will be able to let you know if it is really in your best interest to give a statement and then guide you accordingly.

If you or someone you love find yourself the focus of a police investigation contact the Law Office of John E. Kusturiss, Jr., P.L.L.C.today for a free consultation.  Attorney’s Kusturiss and Poole have been handling Criminal Matters for more than thirty years and are ready and able to defend you!

Justice Is There For Those Who Take Risks!

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On October 18, 2012, Alyssa Poole of our firm got a Not Guilty verdict for a client who was steadfast in his innocence from his first meeting with her.

Our client was accused of stealing a speed monitoring device the police had on the side of the road to check for speeders. This device consisted of three parts; two metal units that would sit across the road from each other connected by an infrared beam; and a unit in the police car that would receive the vehicle speed after the vehicle passed through the infrared beam. Our client had a full time day job and was a scrapper by night. This particular night he was a passenger in a pick up truck driven by his girlfriend. They were scrapping to find enough discards to sell so his girl-friend could pay her $40 cell phone bill. When they drove by the speed timing device it was dark and they figured it was metal trash left on the side of the road. They only saw one half of the unit which was worthless other than as scrap with out the benefit of both halves and the receiver. After he picked this half up and put it in the back of the pick up and they started to drive off the police who were monitoring the device some distance away put on their lights and pulled them over about 400 feet down the road. He was arrested and charged with felony theft. To make matters worse he had a criminal record over 20 years ago which made the recommended sentence two to four years in state prison. This would have resulted in taking a tax paying citizen off the streets and housing him at taxpayer expense for at least two years, with a permanent loss of his job.

Alyssa of our firm believing a grave injustice was going to be committed agreed to go to a jury trial to prove this was a mistake and not an intentional theft. Following trial the jury agreed and found our client Not Guilty.  At the Law Office of John E Kusturiss Jr PLLC we are not afraid to go to trial if necessary. While most cases resolve in a non trial disposition we have the skill and knowledge to take a case to trial! When choosing a criminal defense attorney you have to ask yourself would I be comfortable with this attorney trying my case.

If you or someone you love find yourself facing criminal charges contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today for a free consultation.  Attorney’s Kusturiss and Poole have been handling Criminal Matters for more than thirty years and are ready and able to defend you!

Resisting Arrest, Search or Transportation in Pennsylvania

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If you are pulled over by police, or if law enforcement officers come to your home, or seek to take you into custody anywhere, what right do you have to resist arrest, search or transportation by police to a detention facility? This blog addresses these issues. If you have been charged with resisting arrest under Pennsylvania law, you want an experienced lawyer to protect your interests. The Law Offices of John E. Kusturiss, Jr., can help.

Resisting Arrest in Pennsylvania

Under Pennsylvania law, it is a second degree misdemeanor to attempt to prevent a law enforcement officer from making a lawful arrest, either of you or a third person. If your efforts to avoid arrest either pose a substantial risk of bodily injury to the police officer or another person, or if the police officer must use “substantial force” to overcome your resistance, you have violated the law. If convicted, you could face up to two years in jail, as well as a $5,000 fine.

If you believe that you are being wrongfully detained or arrested, your best course of action is to cooperate with law enforcement officers. You are not required to answer any questions they ask you, and have the right to contact your lawyer and have legal counsel present as soon as possible. You should try to remember everything that is said and done and share it with your attorney as soon as possible.

Resisting Search in Pennsylvania

You are not required to give consent to a warrantless search in Pennsylvania. If police ask to search your home, vehicle or other property, and you agree, you cannot subsequently argue that they did not have a warrant. There are also circumstances where police do not need a warrant to conduct a search. If there is visible evidence that a crime has been committed, or if it can be shown that valuable evidence would be lost if police had to obtain a warrant, a warrant is not required.

If police have a valid warrant, you do not have the legal right to resist a search. If you do, you may be charged with obstruction of justice.

Resisting Transportation by Police

There is no requirement in Pennsylvania that you submit to transportation by a law enforcement officer, unless you have been taken into custody. If you have been arrested and refuse to get in a police car, you can be charged with resisting arrest.

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

Let us put more than 30 years of experience to work for you. We provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call us at 610-565-0240. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.



Sandusky Waiver; Smart Move?

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Yesterday morning, December 13, 2011, Former Penn State Football Coach, Jerry Sandusky waived his preliminary hearing in his sex-abuse trial.  This decision has shocked the legal community.  While every attorney approaches a case differently, Sandusky’s decision to waive his first opportunity to confront and lock these victims into a statement is puzzling.  Especially in light of the statements made by Sandusky’s defense attorney, Joseph Amendola, wherein he indicated that there will be no plea negotiations and that “this is a fight to the death.”

The preliminary hearing is your first opportunity to see how sympathetic a witness is, to determine how well that witness is going to hold up on the stand, as well as your first opportunity to cross examine them and challenge their story.  It is an invaluable tool to a defense attorney in preparation for a trial.

When asked by MSNBC yesterday, and reported in Maximum News today, about this perplexing legal move, Pennsylvania Criminal Defense Attorney, John E. Kusturiss, Jr., indicated that it is highly unusual for a defense attorney to waive the preliminary hearing if the case is going to trial.  Attorney Kusturiss went on to say that while he can’t speak for Sandusky’s lawyer, if he is handling a case that is going to trial he is having a preliminary hearing.  This sentiment was reiterated and shared by several other defense attorney’s consulted by MSNBC.

If you or someone you love is charged with a sex offense, an experienced Pennsylvania criminal defense attorney can make all the difference.  Don’t face criminal charges alone, contact the Law Offices of John E. Kusturiss, Jr. online or call (610) 565-0240 to set up a free initial consultation and learn how we can help you!

Medicaid / Medicare Fraud in Pennsylvania

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Recent reports estimate that Medicaid/Medicare fraud costs the U.S. government about 60 billion dollars annually and so federal prosecutors take Medicaid/Medicare fraud very seriously.  And if you are involved in an improper Medicaid/Medicare claim you could become the target of a government fraud investigation.  Even if you were not actively involved but were aware of improper or irregular billing practices you could face conspiracy charges and will need the help of an experienced Pennsylvania criminal defense attorney.

Common examples of Medicaid/Medicare fraud include:

  • Billing for tests not performed
  • Performing inappropriate or unnecessary procedures
  • Charging for equipment and/or supplies that were never ordered
  • Billing for new equipment when the patient was provided with used equipment
  • Having someone other than a physician fill out a Certificate of Medical Necessity such as a drug/equipment supplier
  • Billing for a defective or incomplete test
  • Inserting false diagnosis codes to get Medicare coverage/reimbursement
  • Using multiple codes when one inclusive code is required by the rules and regulations or submitting multiple bills to obtain a higher reimbursement when one bill should have been submitted.
  • Charging more than once for the same service or procedure
  • Inflating bills by using codes that indicate more complex and expensive procedures and medications were used than actually were
  • Submitting false reports in order to obtain higher reimbursement
  • Waiving patient co-payments

Get serious help for a serious charge

Whether you are a doctor accused of an unnecessary procedure, an administrator accused of falsifying billing or a patient accused of falsely attesting to receiving a procedure, we can help.  If you have been charged with or are under investigation for Medicaid/Medicare fraud, contact The Law Offices of John E. Kusturiss, Jr. online or call (610) 565-0240 to discuss your case.

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