According to local reports, a judge in Northampton County Pennsylvania has suspended the driver’s license of some of those suspected for DUI, even before the matter has been resolved in court:
Suspending a driver's license in a DUI case before a court ruling is unconstitutional.
Policy of taking licenses before a DUI conviction draws critics
The Salisbury Township woman insisted she was innocent of allegations she had driven drunk, and she wanted her day in court. Fine, the Northampton County judge told her, but until your trial in February, I’m taking your driver’s license.
If convicted, 25-year-old Jessica D. Trump would lose her privilege to drive. But that she would lose it before, without being found guilty, bothers her attorney and other defense lawyers, and even county prosecutors are distancing themselves from the strategy.
“Isn’t taking the license a presumption of guilt?” asked Trump’s attorney, Jason Jenkins of Allentown. “Because it sure feels like it.”
To speed along DUI cases and protect other drivers on the road, Judge Leonard Zito, who oversees the criminal court docket in Easton, has been taking the licenses of defendants he believes are dragging their feet in resolving the charges against them.
Zito’s move aims to encourage them to plead guilty or apply for court diversionary programs that avoid a trial. It is part of an effort to get a handle on DUI cases, which make up nearly 35 percent of the court’s docket. But it raises constitutional questions about whether the judge is truly treating defendants as innocent until proven otherwise.
As a citizen of Pennsylvania I believe the actions of this judge, as described in this news report are wrong for the following reasons:
- The purpose of bail is to insure appearance and to protect the community and not to “move cases along.” The purpose of bail is not supposed to be punitive.
- A license suspension is a major form of punishment. In Central Pennsylvania there is a complete lack of public transportation infrastructure. So taking an accused driver’s license is punishment. It can affect the ability of the citizen to get to and from their place of work which may result in a loss of employment or other long-term consequences. This type of punishment should not be put upon anyone until the matter is resolved in a court of law. I still believe that we live in a time of the presumption of innocence.
- The right to a trial is a basic fundamental right. Any effort that is made to curtail a person’s right to trial is unAmerican. The loss of license is a major incentive to just “give up.” Otherwise, legitimate cases that should be tried will not be tried or negotiated to a proper resolution.
- The rationale behind this action, “to encourage them to plead guilty or apply for court diversionary programs that avoid a trial” is strong arm tactic that forces citizens to choose another option under duress rather than opting for a trial which is their constitutional right. It is a form of pre-trial tax.
- If the State is overwhelmed with the number of DUI cases, then punishing the accused prematurely is not the answer. The State should hire extra judges to ensure that every citizen receives a fair trial and is not pressured through unconstitutional tactics.
If you are involved in a DUI case where the judge has suspended or has threatened to suspend your license before the matter has been ruled upon, please call 1-866-MCSHANE. We are ready to fight for your constitutional rights!
Recent survey by the National Highway Traffic Safety Administration (NHTSA) showed that driving while using a cellphone has increased over the past year despite the fact that this has been banned by a large number of states. How widespread is this problem? According to reports about distracted driving, 18% of people surveyed by NHTSA admitted to having sent text messages or emails while driving and half of 21 to 24 admitted to driving while texting. This is a major problem.
Distracted driving is just as dangerous as DUI, but Pennsylvania lawmakers are turn a blind eye to it.
As everyone can see, this behavior is growing and the results are often devastating. According to NHTSA’s statistics, 9.4% of traffic fatalities were distracted driving related. According to many other studies, driving while texting is as dangerous or even more dangerous than DUI. The problem is, there is a huge hypocrisy in the way law makers treat both of these crimes.
Both DUI and distracted driving are crimes that are fatally dangerous. Both have claimed lives of innocent people with bright futures in front of them. However, DUI is treated as a serious criminal offense that results in jail time, license suspension, heavy fines and a permanent criminal offense while distracted driving is “penalized” with a slap-on-the-wrist $50 ticket or some such minor punishment.
The message I get from this hypocrisy is that lawmakers want to save the lives of those killed by DUI but don’t care about those killed by distracted driving. That’s the wrong message to send. How am I wrong?
If you were one of the many who hit the Pennsylvania roadways this weekend, you probably noticed the increased police presence as part of Pennsylvania’s DUI enforcement efforts. However, one of the side effects of these DUI operations is that police officers are in the mindset to make arrests and thus make a high number of false DUI arrests.
False DUI arrest PA
The Pennsylvania DUI lawyers at The McShane Firm have fought many DUI cases and shown that faulty equipment, improper laboratory work and under-trained police officers are all common causes for false DUI arrests. We always offer a rigorous and thorough defense to protect the rights of our clients and get them the best possible result.
If you were the many people who were charged with a Pennsylvania DUI this holiday weekend act now by calling 1-866-MCSHANE. You are entitled to a free detailed consultation with one of our highly trained PA DUI Attorneys in which we will explain the charges against you, review the evidence and help you chart out a course of action.
The McShane Firm has the knowledge, experience and dedication to fight your case to the finish.
Pennsylvania has passed new laws pertaining to the criminal history of anyone working at a school. Because of its wide reach and severe restrictions, it is important that anyone working in a school should understand these laws in detail. Pennsylvania has over 3,000 schools and these laws affect:
- Teachers
- Principals
- Secretaries
- School Nurses
- Coaches
- Cafeteria Staff
- Janitors
- Landscaping Contractors
- and many more
Summary of the Important Points in the New Laws
If you work at a Pennsylvania school, you could be affected by the new laws.
Title 24 of the Pennsylvania Statutes chapter 1-111 details the eligibility requirements for those employed in schools (not just teachers) and their requirements related to reporting certain convictions. This particular statute went into effect on September 28, 2011.
Subsection (e) states that no person shall be eligible for employment at a school if they have previously been convicted of a list of offenses including offenses related to violent crimes, sexual assault, stalking, kidnapping, crimes against children, etc. as well as any felony drug crime.
Subsection (f.1)(1) details the length of ineligibility as it relates to an individual with a felony conviction other than those listed in subsection (e). It provides a period of ineligibility for the offender of ten (10) years from the date of expiration of the sentence. For example, if an individual is convicted of Homicide by Vehicle (a felony not listed in subsection (e)) in 1985 and thereby sentenced to 2 to 20 years imprisonment in a state correctional facility. That sentence would have expired in 2005, making that individual ineligible for employment at a school until 2015.
Subsection (f.1)(2) provides that if an individual has been convicted of a misdemeanor of the first degree other than those offenses listed in subsection (e) then that individual is only eligible for employment five (5) years after the expiration of the sentence.
Subsection (f.1)(3) provides specifically for convictions related to section 3802 of the motor vehicle code (DUI). This subsection only calls for a three (3) year ineligibility period for a conviction of a second DUI if it is graded as a misdemeanor of the first degree. Any second offense DUI where the driver’s BAC is above .16% or a refusal of chemical test, and any third or subsequent DUI offense with a BAC of .10% or higher (or an accident is involved) is graded as a misdemeanor of the first degree. For example In 2009 an individual is convicted of a second DUI while their BAC was .17% and received a sentence of 5 years intermediate punishment. That person would be ineligible to work in a school until 2017 – the 2009 sentence expires in 2014 at which point the three year ineligibility period begins to run.
Interestingly, subsection (h) provides that any person who has in the past obtained the information required by this statute may transfer to another school within the same district without having to first obtain new information.
Subsection (j)(1) contains information relative to a standardized form that is to be used by schools and their employees. Long story short, the form will provide a space for employees to indicate they have not been convicted of any of the disqualifying offenses detailed above. In addition, the form contains language informing the employee that failure to accurately report an arrest or conviction shall subject them to prosecution under section 4904 of the Pennsylvania Crimes Code - Unsworn Falsification to Authorities.
Subsection (j)(2) mandates all current school employees to complete the form and return it within 90 days of September 28, 2011.
Subsection (j)(3) mandates that any employee refusing to submit the form provide a new report of criminal history to an administrator.
Subsection (j)(4) requires the reporting to administrators any new arrest or conviction of any of the offenses detailed above that occurs after September 28, 2011.
Subsection (j)(5) gives administrators the ability to require an employee to submit a new report of criminal history if the administrator has a reasonable belief that the employee was arrested or convicted of an offense detailed above.
Subsection (6) provides that any employee who willfully fails to report a conviction of an offense listed in subsection (e)(1) be subject to discipline up to and including termination and criminal prosecution. Any employee who fails to report an conviction of any other offense (a DUI would be included here as it is listed under subsection (f.1)(3)) may be subject to criminal prosecution.
These laws are complex and can severely damage your future and your career. If you have any questions or concerns in regards to these new laws, please call 1-866-MCSHANE or use the comments box for this post.
Pennsylvania Bans Driving while Texting
Pennsylvania driving while texting penalties underscore the political nature of criminal penalties in PA. Under the new measure, drivers found guilty of driving while texting (DWT) would face a $50 fine. Compare this to the penalties for DUI and you will notice a huge discrepancy.
Pa. Senate Approves Texting While Driving Ban
Governor Expected To Sign Measure
POSTED: 10:51 pm EDT October 31, 2011
UPDATED: 3:10 pm EDT November 1, 2011
HARRISBURG, Pa. — Pennsylvania is getting set to join more than 30 other states that ban all motorists from texting while driving.The state Senate on Tuesday voted 45-5 to approve an amended version of a bill it easily passed in June. The state House of Representatives overwhelmingly approved the bill on Monday.Gov. Tom Corbett is expected to sign the bill.
The bill would make texting behind the wheel a primary offense so that police can pull over motorists for that violation alone.The penalty is $50 but police may not seize the cellphone or other device.However, talking on a cellphone without a hands-free device remains legal for motorists after the House removed a provision that would ban the activity. Nine states have such bans.
Both acts are equally dangerous and can result in serious injuries and even death. However, there are powerful DUI lobbies like MADD and the PA DUI Association to push for more stringent DUI laws while there are powerful cell phone lobbies who push politicians to lighten cell phone related laws. Take a look at the video below and ask yourself is there really a difference?
Under New Pennsylvania Laws: A DUI Conviction for Anyone in Your Home Can Affect Your Custody Rights
As I have often mentioned on this blog, the penalties for a Pennsylvania DUI are very severe and they last a lifetime. Unfortunately, these penalties are only getting more and more severe and have serious ramifications on other, seemingly unrelated aspects of a person’s life. Recent changes to Pennsylvania’s child custody laws have once again put these DUI penalties into the spotlight. Under the new laws, people with a prior DUI conviction will have that taken into consideration when determining child custody rights, even if the DUI had nothing to do with the child and even if it was many years ago. Even more absurdly, prior DUI convictions of anyone living in that home will also be taken into consideration:
Pennsylvania modernizes child-custody laws
A PA DUI Conviction Can Affect Your Custody Status
At the end of January, new child custody laws went into effect in the commonwealth. The new custody laws had been considered in Harrisburg for more than 10 years and were finally signed into law by then-Gov. Ed Rendell at the end of last year.
These new custody laws govern all custody actions filed on or after Jan. 24. Custody actions filed before that date are still governed by the old laws.
There are at least four major changes to the custody laws that may affect you if you become involved in a custody action. First, the new law requires that, when a parent seeks custody of a child or children, the judge must determine if that parent, or anyone living in that parent’s household, has ever been convicted of one of a number of specific crimes listed in the new laws. Most importantly, DUI and possession of a controlled substance now are among the specific crimes listed.
The judge must decide if the parent with the conviction, or a person with the conviction who is living with the parent, poses a threat of harm to the child or children before making any custody order. These requirements are a significant change to Pennsylvania custody laws and must be considered before starting a custody action.
This is another example of the far-reaching effects of a DUI conviction and more reason to find a professional Pennsylvania DUI attorney to help clear your name and protect your rights.
If you have any questions about how a DUI may influence your custody rights, please call 1-866-MCSHANE.
Teachers around Pennsylvania are facing a peculiar situation. New laws require all teachers to report any past arrests for specified offenses including DUI. They must submit their forms no later than December 2, 2011. Additionally any arrest or conviction is required to be reported within three days. Whether or not the arrest was lawful in the first place has no bearing. (See our post DUI Hypocrisy: Guilty Before Proven Innocent)
New Laws Require Teachers and School Staff to Report DUI Arrests
As applied to DUI, the main problem is the uncertainty surrounding what will happen to those who do have a prior conviction. As applied to DUI, the law is far-reaching and absurd in that it not only includes teachers but school staff and even contractors. This means janitors, workers for the landscaping and snow removal companies will also have to report.
New Pennsylvania law requires public, private school employees to disclose arrests, convictions of serious crimes
What happens in Vegas no longer stays in Vegas for anyone who works at a school in Pennsylvania.
All public and private school employees now must come clean to their boss — and the state Department of Education — about any arrests or convictions of serious crimes. It’s required under a new law that took effect Sept. 28.
The law expands the list of crimes that permanently disqualify people from school employment. While homicide and drug convictions have been on the list, crimes such as sexual assault and luring a child now lead to a lifetime ban.
Previously, these offenses only prohibited a prospective employee from getting a job at a school for five years after his or her sentence was completed.
In addition, anyone with two convictions of driving under the influence of alcohol or drugs is barred from school employment for three years.
The law applies to teachers, administrators, support staff, student teachers and contractors who work at a school.
While the safety of our children should be our first priority, these laws could end the employment of many hard working people who pose no threat at all, all for the sake of DUI.
If you are a teacher who has questions in this regard, please call 1-866-MCSHANE.
At PA DUI Blog we have detailed the numerous criminal and financial penalties of a DUI conviction in Pennsylvania and the honest truth is, a DUI conviction is horribly costly and will cost you for the rest of your life. When you factor in the fines, increased insurance premiums, time lost at work and possible loss of career opportunities, you can see how a DUI can cost you tens of thousands of dollars- much more than the cost of hiring a good attorney to fight your case. A recent article highlights some of the costs related to Pennsylvania DUI convictions:
Pennsylvania DUI Conviction: You Can't Afford It
DUIs rising, and so are costs
SUNBURY — Arrest for driving under the influence have risen in Valley counties in the past 10 years, and so have resulting penalties.
Drunken driving, says George Geisler, of the Pennsylvania DUI Association, “is the number one crime not only in Pennsylvania, but in the Unites States.”
Montour County showed a 1,216 percent increase in drunken driving arrests between 2001 and 2010, according to the Pennsylvania Uniform Crime Reporting System. In Northumberland County, it was 48 percent; in Snyder County, 24 percent; and in Union County, 121 percent.
All Pennsylvania common pleas courts need to follow a first-time offenders guideline, said Northumberland County President Judge Robert Sacavage.
“There is no leniency,” he said.
First-time offenders whose blood-alcohol content registers at least 0.16 — double the legal limit — can receive a maximum fine of $5,000 and six months in jail.
“The second or third time around, we have more room to work with,” he said.
Third-time offenders within 10 years can be fined up to $10,000.
If not injuring oneself or another isn’t a big enough deterrent, Geisler said, the financial penalty should be.
“Who wants to pay $8,000 to $10,000?” he asked. “Total cost of fines, insurance increase, ignition interlocks and attorneys adds up. That is the least of it because what if you hurt yourself or someone else?”
If you are charged with a DUI in Pennsylvania make the right investment. Make an investment that will protect your rights and your future by hiring a DUI lawyer committed to rigorously defending your case. Call 1-866-MCSHANE for a free consultation.
Pennsylvania increases penalties for boating under the influence
Governor Corbett recently signed a new bill that stiffens the penalties for boating under the influence (BUI) in Pennsylvania. Under the new bill, someone arrested for boating under the influence will be charges as a repeat offender if they have prior DUI convictions on their record. The new bill also upgrades homicide by a boating accident to a Felony of the Second Degree.
If you are planning on experiencing the great fishing and boating attractions Central Pennsylvania has to offer, you should read:
- What to do if you are pulled over for a DUI (the same rules apply to boating under the influence as well.)
- Federal DUI Penalties (applies to National Parks and Military Bases)
If you or a loved one is charged with a Pennsylvania boating under the influence charge, contact the PA DUI attorneys at The McShane Firm at 1-866-MCSHANE. We are the DUI experts and are committed to fighting for your rights.
The Pennsylvania State Senate has moved to ban bath salts and synthetic marijuana. The bill now awaits Gov. Corbett’s signature to be passed into law. Under the proposed bill, bath salts and synthetic drugs like Spice and K2 will be banned and classified as “Schedule 1″ drugs.
Penalties for Bath Salts and Synthetic Marijuana
PA DUI Attorney Discusses the Ban on Bath Salts
Unless the Commonwealth decides to attach specific penalties to these substances, the penalties for bath salts and synthetic marijuana are:
- Possession with the Intent to Distribute- an ungraded felony with a maximum sentence of up to 5 years in prison and a fine of up to $15,000
- Simple Possession- Up to one year in prison and up to $2500 in fines for a first offense. If it is a subsequent offense then it is up to 3 years in prison with up to $25,000 in fines
- DUI-Drugs- Up to six months in prison, 12 month license suspension and $5,000 in fines for a first offense (see PA DUI Penalties for more details)
Specifically banned under this proposed legislation includes:
Salvia Divinorum; Salvinorin A; Divinorin A; 3,4-Methylenedioxymethcathinone (Methylone); 3,4-Methyenedioxypyrovalerone (MDPV); 4-Methylmethcathinone; CP 47,497 and homologues, 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol); HU-210, [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c] chromen-1-ol)]; HU-211, (dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol); JWH-018, 1-Pentyl-3-(1-naphthoyl)indole; JWH-019, 1-Hexyl-3-(1-naphthoyl)indole; JWH-073, 1-Butyl-3-(1-naphthoyl)indole; JWH-200, (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone; JWH-250, 1-pentyl-3-(2-methoxyphenylacetyl)indole; Psychedelic phenethylamines; 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2); 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P) (Mephedrone); 4-Methoxymethcathinone; 4-Fluoromethcathinone; and, 3-Fluoromethcathinone.
However, banning a substance is one thing, enforcing that ban is another. In reality, do the police have the experience and training to be able to be able to make difference on the street? Do the police crime labs have the correct procedures in place to be able to properly identify these substance? If not (and in my experience they don’t) are we going to see numerous innocent people being charged under these harsh penalties?
Unfortunately, once you examine the problems with the police and the horrible situation at these crime labs you will soon realize how dangerous these harsh laws are for innocent law abiding citizens.
If you are charged with a crime related to bath salts or synthetic marijuana, please call 1-866-MCSHANE to speak with an experienced criminal defense lawyer.
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