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Archive for the ‘First Time Offenders’ Category
Tuesday, February 28th, 2012
When we encounter a law or a rule we automatically think either one of two things: either I am really glad that this is a part of our social standards, or that it is completely pointless and just a waste a time and space. Although some rules seem a little sillier than others, laws are truly there to make sure that everyone is taken care of in one way, shape, or form. They are there to make sure that all are protected from anything that occur or result from an action or situation. Yet, should some laws be stepped up just a bit more than others?
Recently, many Pennsylvania lawmakers have come to the conclusion that laws within the state concerning driving while under the influence of alcohol or other substances should be stepped up. Pennsylvania is one of only a few states that offer programs such as the ARD Program that offer first time DUI offenders the opportunity to simply wipe their slate clean form the incident altogether upon completion of the program. Although the program is one that many individuals who make the mistake of drinking and driving appreciate day in and day out, those throughout the community are beginning to question if laws should be stepped up when dealing with those that drink and drive.
Lawmakers are now looking at more stricter and harsher punishment for even first time DUI offenders. Ignition interlock devices are now familiar to many that have become accustomed with drinking and driving. Usually after an individual commits a second DUI infraction, these devices are installed into the individual’s motor vehicle. The device must be blown into before the car can actually start or go into motion. It measures the blood alcohol content of the individual driving and if over the legal limit will not start.
Although many view these devices as time consuming and somewhat expensive, overall, these could easily save the lives of hundreds every month on the road. With so many technological advances and opportunities one can only hope that with the possibility of punishments becoming harsher for DUI first time offenders that the crime will soon diminish greatly and save lives in more than one way.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Lawyer
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Wednesday, December 28th, 2011
In our lives we are simply prone to have mistakes. We might forget to do a homework assignment or paper, we might be late for work, or we could miss someone’s birthday, inevitably we are bound to encounter a mess up on our part eventually within the scheme of life. However, we know that from high school, all college philosophy classes that it is said that “Every action has an equal, or greater reaction.” With nothing being more straightforward than that, what does it mean for those who receive a first time DUI charge?
So let’s set the stage for a possible first time DUI charge: you’re at a friends dinner party, you have had a few glasses of wine, and its about that time for you to get home since you have work in the morning. You figure you have only had just a glass or so of wine, and you do not feel like you have a “buzz”, or alcohol is present. You get in your car, and drive home, but on the way you encounter a road block and are asked to blow in a breathalyzer, which incidentally states you are a point or so over the legal limit. You are then arrested for drinking while driving, and maybe even charged. Today, if you are convicted you face a $300 fine, probation, and maybe even a little jail stay.
However, the Mothers Against Drunk Driving (MADD) believes that this “punishment” is not only unjust, but simply is not making a point at all. The activist group feels as though Pennsylvania law makers, and law enforcement officials could easily bump the consequences up to not only make a point, but in an effort to rid roadways of drinking and driving behavior.
The activist group is particularly pushing for ignition interlocks to be installed in vehicles as a result from a first time DUI offense, which requires drivers to blow in a tube that measures the blood alcohol content, or BAC, of an individual, which either starts the vehicle or does not to ensure safety.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Lawyer
Posted in DUI, First Time Offenders | Comments Off
Wednesday, November 9th, 2011
People drive to and from a location everyday. From home to school or work, to the gym, to the grocery store, or to recreational locations, individuals are constantly on the go. With so many people on the roadways young and old alike people count on their safety and the safety of other motorists to prevent any errors. Yet, that does not always happen especially when alcohol is mixed in with those behind the wheel of a motor vehicle of any kind.
A DUI, or Driving While Intoxicated, charge is something that cannot be held lightly. Many factors go into whether or not an individual gets a DUI charge, or a ticket. First, officers of a law enforcement agency watch the driving habits of a driver to see if they are swerving or irregular driving patterns present. From there, the individual is pulled over and investigated and will be asked to perform a field sobriety test, and faces the large possibility of being asked to blow in a breathalyzer to see the BAC, or blood alcohol content of the individual.
Usually, a first time DUI offender will have to pay a hefty fine, license suspension for a period of time, and possible jail time depending on certain circumstances. However, lawmakers today are considering making ignition interlock systems required for those who are not prior offenders of any DUI charges, or convictions exist. The law would not only help set future standards with DUI punishments and expectations, but would also greatly lessen those drivers on the road who have been under the influence of alcohol.
Currently, drivers who have minimally convicted of at least two DUIs are required to have an ignition interlock device installed in their vehicle. The device is actually one that is quite similar to that of a breathalyzer. Before the car can start, the individual is required to blow into the tube and their breath is then registered on a BAC scale. If the content is above a certain point the car will not start no matter if a key is inserted and attempted to start or not. With this technology, our future is held to a higher standard that of potential and a brighter horizon for drivers.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Attorney
Posted in DUI, First Time Offenders | Comments Off
Sunday, February 27th, 2011
An arrest for DUI in Pennsylvania is a serious charge that can have a significant long-term impact on your reputation, career and freedom. The Accelerated Rehabilitation Disposition (ARD) program is an option for some first time DUI offenders in Pennsylvania. The ARD program is a diversion program that can prevent you from serving jail time and allow your arrest to be expunged if you successfully complete the program. This means not only do you not have a conviction for DUI on your record, but it also will be as though you were never actually arrested for DUI. While the ARD program may be a good alternative for many Pennsylvania DUI offenders, it is not available in all situations and may not be the right option for you if you have a strong possibility of successfully obtaining a dismissal or acquittal of your DUI charge. An experienced Pennsylvania DUI attorney will assess your situation and can advise you on whether you qualify for the ARD program as well as whether it is an advisable option for you.
The ARD program is not available to those convicted of a first time DUI offense if certain sentence enhancements or aggravating factors are relevant to his or her case. If you are involved in an accident that caused serious injury or death to another person, you are not eligible for the ARD program. You also are ineligible for ARD if you had a child in your car under the age of fourteen when you were arrested for DUI. Although the program is designed for first time DUI offenses, a DUI offense that is over ten years old may not disqualify you from ARD. If your DUI resulted in an accident with property damage or minor injuries, the victim must also be notified and has a right to object to your participation in the ARD program.
While the ARD program has a number of advantages, it is not a forgone conclusion that you should participate if you qualify. You may have a valid defense to your DUI charges based on the officer’s conduct, issues related to chemical testing or other grounds. Even though successful completion of the ARD program permits you to have your criminal record expunged, a subsequent conviction within a ten-year period will be considered a repeat offense. The penalties for second and subsequent DUI convictions in Pennsylvania are increasingly more draconian so it is better to have your case dismissed or be acquitted at trial if this is feasible. Your Pennsylvania DUI defense attorney will advise you regarding the possibility of successfully obtaining a dismissal or acquittal in your DUI case and whether the ARD program is a better alternative given the specific facts of your DUI case.
The ARD program is much like probation for a DUI. You will be subject to supervision for two years while participating in ARD. If you successfully complete the program the charges will be dropped and you will have a clean record. You must complete all of the requirements of your ARD program, which includes reporting to supervision meetings, attending DUI school, paying restitution and satisfying any other court requirement. If you fail to successfully comply with ARD program requirements, your original DUI charges will be reinstated. The bottom line is that the ARD program can be an important way to avoid the serious long-term consequences of a DUI conviction, but only an experienced Pennsylvania DUI attorney can advise you about whether the program is a good option in your case.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: first time DUI in Pittsburgh, Pittsburgh DUI Defense Lawyer, What is ARD?
Posted in ARD Program, First Time Offenders | Comments Off
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