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Showing posts from October, 2024

The Process of Expunging a DUI Record

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If you've been charged with a DUI, you may be wondering, "What is expungement?" Expungement is a legal process that allows individuals to remove certain criminal records from public view, offering a fresh start. In Pennsylvania, DUI charges can have lasting consequences, affecting employment opportunities, housing, and more. This is where expungement lawyers come into play. The process typically begins with determining eligibility for expungement in PA . Not all DUI charges can be expunged; usually, it’s reserved for those with no subsequent offenses and certain conditions met. It’s essential to gather all relevant documentation, including court records, and to understand the specific waiting periods involved. Once eligibility is established, the next step is to file a petition for criminal record expungement with the court. This petition outlines your case and demonstrates why you deserve a fresh start. If the court approves your petition, your DUI record will be sealed...

Is a DUI in PA a Felony? Understanding the Legal Implications

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In Pennsylvania, a DUI can be either a misdemeanor or a felony, depending on several factors. So, is a DUI in PA a felony ? Generally, first and second offenses are classified as misdemeanors. However, a third DUI within 10 years, or cases involving serious bodily injury or fatalities, can escalate to felony charges. Pennsylvania's laws are strict, and a felony DUI conviction can lead to long-term jail sentences, hefty fines, and extended license suspensions. Understanding when a DUI in PA becomes a felony is crucial for drivers. Repeat offenses, driving under the influence with minors in the vehicle, or causing harm to others are just some situations where DUI charges can be more severe. If you’re facing DUI charges, it’s important to know your rights and legal options. Consulting with a skilled DUI Lawyer in Allentown can make all the difference. The stakes are high, so don’t wait to get the legal support you need.

Can A DUI Be A Felony In PA?

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In Pennsylvania, most DUI offenses are charged as misdemeanors, but certain cases can escalate to felonies. A DUI becomes a felony when it’s a third offense or more within a 10-year period. Only convictions count, not charges, and Pennsylvania’s first offender program (ARD) does not count as a conviction if successfully completed. The look-back period for prior offenses is 10 years, meaning that any previous DUI conviction in Pennsylvania or another state within the last decade can lead to harsher penalties. Additionally, a DUI involving serious bodily harm or death can result in felony charges. A homicide by vehicle while driving under the influence is a second-degree felony with a mandatory minimum of three years for each person killed. Serious injury from a DUI accident can also lead to an aggravated assault charge. Because the consequences of a felony DUI are severe, including long jail time and hefty fines, it's crucial to have legal representation. An experienced DUI attorney...

Best Ways to Fight DUI Charges in Allentown

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Facing DUI charges can be overwhelming, but there are ways to effectively challenge them. Here are some strategies to consider: Evaluate Probable Cause : A strong defense begins with questioning the reasons behind your traffic stop. If the police did not have valid grounds to stop your vehicle, this could lead to a dismissal of the charges. Ensure that your rights were respected during the arrest. Challenge Blood Test Accuracy : Blood tests can be flawed due to machine malfunctions or improper procedures. An experienced DUI attorney can identify potential mistakes in how your blood was collected or tested, which may help weaken the prosecution's case. Investigate Police Conduct : Police errors, misconduct, or failure to follow protocol can provide a basis for your defense. If evidence shows that officers did not conduct their investigation properly, it could be used to your advantage. Seek Expert Legal Representation : It’s crucial to find a DUI lawyer in Allentown with a solid t...