Archive for the ‘Interesting Cases’ Category

Weaving on the Road: Questions Answered

Tuesday, October 4th, 2011

There are many questions that people have regarding DUI rules, regulations, and the process that officers go through when dealing with DUI arrests. This information necessary to answer these questions may be found online, but many times can be lead to be false, or totally inaccurate. Pennsylvania lawyers can answers the questions that you have about DUIs with the most accurate and recent information available especially when dealing with swerving and weaving while on the roadways when you are not intoxicated or under the influence of any alcoholic beverages, or drugs.

Say that you were driving home from a late night movie with the girls. You fell asleep at your friend’s house, but you had to go home that night because you had somewhere to be early in the morning. You are drifting off to sleep again because it is a long dark road. You swerve slightly, but the moving of the wheel jerks you back awake. The next thing you know, blue lights flash from behind you. You explain to the officer what happened but he still makes you take a breath test to see if you had been drinking. The problem is that most people don’t know what to do in these situations. Situations like theses raise questions about police officers pulling people over for weaving.

Law firms are qualified to answer these types of questions correctly and accurately. The firm’s response was that weaving is the most common sign that police officers look for when pulling over people for drinking and driving whether they arrest you or not. People need to be aware that there are multiple types of weaving. The first type is weaving in your own lane. This type of weaving is not illegal. It does not imply that you are under the influence of alcohol or that your judgment is impaired in any way. There is not a rule, but in most cases, judges will say that witnessing someone swerving in his or her own lane is not enough cause to warrant a DUI stop. The other type of weaving is when it is across lanes.

Drinking is not the only thing that can cause swerving between lanes. Falling asleep at the wheel, disturbances in the car, obstructions on the road, or mechanical problems in the car can all cause swerving across multiple lanes. Those are the two types of swerving. If an officer stops your car without cause, the court usually suppresses evidence and the prosecutor will drop the charges.

Share

Best Way to Avoid Being Arrested When Intoxicated Is to Avoid Driving—Well Maybe

Thursday, March 3rd, 2011

If a person has been drinking, the best way to avoid being arrested when riding in a vehicle is to avoid the drivers seat but perhaps not if you are Christina Aguilera.  She was arrested for public intoxication as she sat in the passenger seat of her boyfriend’s car when he was arrested for drunken driving.  Aguilera was allegedly “incapacitated in the passenger seat of the vehicle when her boyfriend’s vehicle was pulled over, and he was arrested for DUI.  Although Aguilera was arrested for suspicion of public intoxication and not DUI, she was still arrested and booked.  Many people do not even realize that they can be arrested for “drinking and being a passenger,” but the law in most states does permit someone to be arrested for being drunk in public.

Under Pennsylvania criminal law, a person can be charged with public intoxication where one is in a public place and manifestly under the influence of alcohol if the person is intoxicated as to endanger oneself, other people or property or annoy those in the vicinity.  At first, one might why wonder why Aguilera was arrested given that she was arrested in a private vehicle.  However, the facts of these cases can be complex and often turn on whether a person is “in public.”  Pennsylvania courts have found that a person can be “in public” even when arrested on private property. Com. v. Johnson, 47 Pa. D. & C.3d 261 (1986).  The fact that the vehicle was on a public street probably means that she could be prosecuted in Pennsylvania if the incident had occurred here.  The issue can be complex as a court may find that a person in a private club that is generally not held open to the public cannot be convicted under this provision. Com. v. Meyer, 431 A.2d 287, 288 Pa.Super. 61, Super.1981.

Aguilera was ultimately released with the police indicating that they had no intention of prosecuting the case.  Their position was that she was extremely intoxicated and was only taken into custody until she could be safely released.  Her boyfriend was not so fortunate; he was charged with DUI.  A Pennsylvania DUI charge is a serious offense and can carry significant penalties including incarceration, fines, probation, DUI school and other potential consequences.  If you are arrested for any alcohol related offense, such as public intoxication, DUI/DWI or a similar offense, it is important to consult with an experienced Pennsylvania criminal defense attorney.  Your Pennsylvania DUI attorney can advice you on potential defenses, alternative sentencing and mitigating the long-term consequences of any arrest or conviction.

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 attorney 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

Share