Pennsylvania DUI Tactics

Pennsylvania DUI Tactics

Mistaken Identity: Who was driving?

This one involves my client, I'll call Sam.

A “Good Samaritan” claims that he followed Sam through the downtown of a small city and that Sam was driving erratically. The Good Samaritan communicated with the police via cell phone as he followed Sam to his home, located at the end of a small gravel road. Shortly thereafter, the police arrived at the defendant?s home and parked across the gravel driveway. A motion was made to dismiss the case for lack of probable cause to arrest. I argued that the police never witnessed Sam driving on a public roadway – only the gravel driveway behind his house. Case dismissed!

My point is to show you that although it looked pretty open and shut that Sam was going to be successfully prosecuted for DUI, it wasn't quite that simple.

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Problems with Blood Testing Discovered in Aggravated Assault By Vehicle While DUI.

My client, let’s call her Stella, inadvertently travels through flashing red light after drinking one and half mixed drinks at local bar. Her car collides with another vehicle, seriously injuring two vehicles. With the use of expert witnesses, motions for discovery, and motions to compel and for sanctions to the prosecution, the hospital revealed that it had several results for blood tests that conflicted with each other! Two of the three tests (the two that were not revealed) revealed that Stella’s blood alcohol level was below the legal limit. RESULT: State prison term of 18-36 months completely avoided!

The important point here is that you should never blindly trust even the science involved. There are mistakes in processing, calibration, certifications and testing procedures. These mistake can often result in dismissal or suppression of blood testing results.

Could the same be true for you? I don't know now, but if you call for your free consultation, I will explore all these types of possibilities with you.

The lesson to be learned from this example is that a case--your case--may be able to be defended by one or more challenges to the charges you are facing.

That's what I do for my clients.

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