The Law Office Of Michael T. WintersThe Law Office Of Michael T. Winters2026-08-29T16:18:17Zhttps://www.callmikewinters.com/feed/atom/WordPress/wp-content/uploads/sites/1501097/2020/08/cropped-site-icon-32x32.jpgOn Behalf of The Law Office Of Michael T. Winters<![CDATA[Holiday weekends and DUI ]]>https://www.callmikewinters.com/?p=494632026-08-29T16:18:17Z2026-08-29T16:18:17ZHoliday weekends are a time for cookouts, trips and fun gatherings with friends and family. For many people, alcohol may also be part of the celebration.
However, with more people drinking and more people traveling, holiday weekends can create additional opportunities for impaired driving. The statistics show why drivers should take extra care when making plans to get home safely.
Why holiday weekends can mean more DUI risk
In 2024, alcohol-impaired driving was involved in 30% of all traffic fatalities nationwide, with fatal crashes involving an alcohol-impaired driver occurring at three times the rate at night compared with during the day Holiday weekends can bring more impaired drivers onto the road, and the numbers are significant. According to an analysis of National Highway Traffic Safety Administration (NHTSA) data, New Year’s Day is one of the most dangerous holidays for DUI crashes, with a 95% higher risk compared with the daily average. Labor Day follows close behind, with a 54% higher risk. There are several reasons holiday celebrations can increase the chances of impaired driving. People may attend multiple gatherings in one day, spend several hours celebrating or have drinks offered to them by friends and family. Someone who does not normally drink much may also underestimate how alcohol affects their ability to drive, particularly after spending a long day traveling or celebrating. Alcohol can affect judgment, coordination and reaction time, making it more difficult to determine whether someone is actually safe to get behind the wheel.Planning ahead can help reduce the risk. Designating a sober driver, arranging a rideshare or taxi or making plans to stay overnight are safe alternatives to driving after drinking. Even if someone believes they are only slightly impaired, choosing another way home can be the safer decision.If you are facing a DUI charge, the circumstances surrounding your stop and arrest matter. Speaking with a qualified legal professional can help you understand your options and what steps may be available based on the specific facts of your case. ]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Are DUI blood and urine tests always right?]]>https://www.callmikewinters.com/?p=494622026-08-24T23:41:51Z2026-08-24T23:41:51ZMix-ups can occur
Labs that process blood and urine tests typically have many samples passing through every day. That means that mix-ups can occur. If someone puts the wrong label on a sample or puts something in the wrong bag, it could result in inaccurate test results being attributed to a person. Clerical errors on the computer are another possibility that could cause a result to be attributed to the wrong person.
Contamination is also possible
It is possible for contamination of samples to occur. A trace of a previous sample may remain in a machine used for collection or analysis. The person handling the sample might have a foreign substance on their gloves that comes into contact with the driver’s sample. Alcohol swabs used might affect the results.
Equipment faults
Chemicals used to analyze samples might have become contaminated or mixed up. Alternatively, the machines themselves might not have received the calibration they need.
Proving that a test reading is inaccurate is unlikely to be easy, but then neither is living with the consequences of a wrongful DUI conviction. If you believe you have been wrongly charged, then it is wise to learn more about the defense options that are available to you.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Can you get a DUI driving a golf cart or buggy in Lancaster?]]>https://www.callmikewinters.com/?p=494602026-08-13T15:12:18Z2026-08-13T15:12:18ZWhat Pennsylvania treats as a vehicle
Pennsylvania defines a vehicle as a device that carries or may carry people or property on a highway. The law specifically classifies a golf cart as a self-propelled motor vehicle.
The law does not specifically list riding lawn mowers in its DUI rule. Still, a mower might fall within the broad vehicle definition based on how and where you use it.
Pennsylvania uses a separate rule for horse-drawn vehicles. When you drive an animal-drawn vehicle on a roadway, you generally have the same traffic duties as other drivers. Using a buggy instead of a motor vehicle does not automatically place you outside DUI law.
Where you use it may affect the charge
Pennsylvania traffic law also looks at location. A trafficway generally includes an area that the public uses for vehicle travel by right or custom.
This definition reaches beyond ordinary public streets. Some parking lots may qualify when the public regularly uses them for travel. A private area with restricted access might not fall under the same rule.
So, a case involving a mower, golf cart or buggy may depend on more than the device itself. The place where police say the incident occurred could affect how the DUI law applies.
Know which facts may matter
Using an unusual vehicle does not make a DUI allegation less serious. However, the type of vehicle and the location may affect what prosecutors must prove.
You might consider keeping records that show where the incident happened and how you used the vehicle. Understanding the rules and preserving those details could help you assess the charge more clearly and prepare for the legal process ahead.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[What evidence besides a breath test supports a Pennsylvania DUI?]]>https://www.callmikewinters.com/?p=494582026-08-10T09:07:59Z2026-08-10T09:07:59ZPolice observations matter
An officer's observations often play an important role in a DUI case. During a traffic stop, the officer may note signs that suggest impairment. Under Pennsylvania law, prosecutors may present these observations along with other evidence to support a DUI charge. This helps create a broader picture of what happened. Understanding what officers look for makes it easier to see how a case develops.
Some examples of evidence may include:
Erratic driving, such as weaving, speeding or failing to stay in one lane
The smell of alcohol or drugs coming from the vehicle or driver
Slurred speech or difficulty answering simple questions
Bloodshot or glassy eyes
Trouble finding a driver's license or registration
Poor balance or unsteady movements when leaving the vehicle
These details may seem minor on their own, but prosecutors often consider them together. Other forms of evidence may also come into play.
Video and witness evidence can strengthen a case
Many police vehicles and officers wear cameras that record traffic stops. These recordings may show how a driver behaved before, during and after the stop. Prosecutors may also use surveillance footage from nearby businesses if it captured the incident.
Witness testimony can also become part of the case. Passengers, other drivers or bystanders may describe what they saw before the stop or after the officer arrived. Their statements may support or challenge other evidence. Looking at the full picture helps explain how prosecutors evaluate a DUI case.
Chemical testing is only one piece of the case
Breath tests remain common, but they are not the only evidence available. Under Pennsylvania law, prosecutors may also rely on blood test results, officer observations, witness statements and video recordings when appropriate. Each piece of evidence contributes to the overall case.
Understanding the different forms of evidence used in DUI cases can help you make informed decisions if questions arise. Consider reaching out to a legal professional for guidance.]]>by The Law Office Of Michael T. Winters<![CDATA[Can an underage drinking charge be expunged in Pennsylvania?]]>https://www.callmikewinters.com/?p=494522026-07-21T19:06:37Z2026-07-21T19:06:37ZUnderage alcohol offenses that may create a court record
An underage alcohol charge can create challenges that last well beyond the case itself. Common violations include:
Purchasing, possessing or consuming alcohol: Pennsylvania law prohibits people under 21 from purchasing, attempting to purchase, possessing, consuming or knowingly transporting alcoholic beverages.
Using false identification: A person under 21 may face a separate charge for using false identification to purchase or attempt to purchase alcohol.
Driving after drinking: Pennsylvania applies a lower BAC threshold to underage drivers. Drivers under 21 can face DUI charges if their blood alcohol concentration (BAC) reaches 0.02% or more.
The consequences depend on the specific charge and circumstances. A conviction may lead to fines, a driver's license suspension, alcohol safety school and required alcohol-related education or other court-imposed conditions.
Who can qualify for expungement for an underage drinking charge?
Pennsylvania law allows certain underage drinking records to be expunged when the person meets the applicable legal requirements. In many cases, Section 9122 may allow expungement of a Section 6308 conviction when the person: has reached age 21, and has satisfied all terms and conditions of the sentence. Charges that were dismissed, withdrawn or resolved may qualify for expungement under different rules and may not require the person to wait until age 21.
The Pennsylvania expungement process
Expungement takes more than meeting the legal requirements. A person generally must file a petition requesting the court to remove the record. The process usually includes:
Filing a petition: Submit a Petition for Expungement with supporting information in the appropriate county.
Completing the filing process: File the required forms, pay the applicable filing fee and attend a hearing if the court schedules one.
Waiting for the court's decision: A judge reviews the petition and any response from the prosecutor before the final ruling.
The right legal steps can help protect future opportunities. An experienced attorney can review your eligibility, prepare the petition and help guide the expungement process.
A fresh beginning may be possible
Once a person becomes eligible, addressing a criminal record promptly may help reduce questions during future educational, employment or licensing reviews. Because eligibility depends on the charge, case outcome and completion of any sentence, having a lawyer review the court record can help identify the appropriate next step.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Expungement can minimize collateral consequences after a conviction]]>https://www.callmikewinters.com/?p=494512026-07-16T09:10:11Z2026-07-16T09:10:11Zqualifies for an expungement.
An expungement in Pennsylvania doesn’t fully do away with the record of a conviction. Their conviction will still remain part of the personal’s official criminal record, but it won’t be part of any public background checks.
Why might an expungement matter?
Having a criminal record can affect various aspects of a person’s life. This includes anything that requires a background check, such as jobs, education, loans, housing and volunteer positions. Expungement can make it easier to navigate application processes that involve such checks, which can be important for financial stability and for long-term reentry.
When a person who was involved in the criminal justice system is able to find meaningful employment and stable housing, they are less likely to reoffend. They may also benefit from better community support as they try to move forward after their conviction.
Expungements have significant requirements, such as careful documentation and proof that sentencing requirements were completed. Any missteps can lead to an expungement petition being denied. Because of this, it’s best to work with a legal professional who’s familiar with the expungement process so they can assist with a petition.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Can back roads help you avoid a DUI stop in Lancaster County?]]>https://www.callmikewinters.com/?p=494502026-07-13T08:42:10Z2026-07-13T08:42:10ZWhy quiet roads do not prevent police contact
Local township police and Pennsylvania State Police may patrol rural roads as well as major highways. On lightly traveled routes, lane drifting, inconsistent speeds, abrupt turns, delayed responses to traffic signals or other violations may stand out more clearly. These observations, rather than the type of road, may influence an officer’s decision to make a traffic stop.
How Pennsylvania determines DUI penalties
Pennsylvania classifies alcohol-related DUI cases into three levels based partly on blood alcohol concentration, or BAC:
General impairment: A BAC of 0.08% to 0.099%, or impairment when no confirmed BAC result is available
High rate: A BAC from 0.10% to 0.159%
Highest rate: A BAC of 0.16% or higher
Your prior DUI history can substantially increase the penalties associated with each level.
Depending on the applicable level and your prior record, you could face probation, significant fines, a driver’s license suspension, an ignition interlock requirement or time in jail, regardless of whether the stop occurred on a rural road.
Make the transportation decision before you go out
Deciding how you will return home before drinking removes the pressure to arrange transportation after your judgment may be impaired. Designate a sober driver, schedule a ride or plan an overnight stay before the evening begins. That preparation protects you, your passengers and everyone else on the road.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Reasonable suspicion is the basis for many drunk driving stops]]>https://www.callmikewinters.com/?p=494482026-07-01T11:13:45Z2026-07-01T11:13:45ZMany people who are pulled over by a police officer wonder why they were stopped. In some cases, they may claim that there wasn’t a reason; however, police officers can’t lawfully stop a vehicle unless their reason fits the criteria of reasonable suspicion.
Reasonable suspicion is a much lower standard than probable cause, which is needed for an arrest. In order to meet this standard, the police officer has to see something that leads them to believe (and would lead any reasonable person to believe) that a crime has occurred or will occur. What’s considered reasonable suspicion?Reasonable suspicion for a drunk driving traffic stop often has to do with the officer seeing specific driving behaviors. Some of them include:
Failing to obey traffic control signs and signals
Stopping abruptly without any valid reason
Swerving between traffic lanes
Driving too fast or slow
Making unwarranted wide terms
Not all of those signs mean that a driver is impaired, so the police officer will take steps to find out if the driver is impaired. This may include speaking to the driver and looking for signs of alcohol, such as an open container. Police officers may also use a field sobriety test and chemical test to determine if a driver is impaired. If the evidence at the scene meets the stricter requirements for probable cause, the driver will be arrested and charged with impaired driving. Once an arrest occurs, the driver needs to determine how they will handle their criminal defense strategy. If the officer didn’t have reasonable suspicion to conduct the traffic stop, that might become a central point in the drunk driving defense. Because these matters are often complex, it might be best to work with someone familiar with similar cases.
]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Will the police cut you a break because you’re a new driver?]]>https://www.callmikewinters.com/?p=494452026-06-17T17:18:29Z2026-06-17T17:18:29ZMany teens will be experiencing the freedom of summer with a car or motorcycle and a driver's license for the very first time. Unfortunately, some of them are going to find themselves facing penalties that result from it, perhaps, including a restriction on their ability to drive.Traffic laws are wide-ranging and not always constant. A speed limit that is allowed on one road may be completely illegal on another. A maneuver allowed in one state (for example, lane-splitting on a motorcycle in California) will be illegal in another (such as Pennsylvania).As such, it is no surprise that many new drivers are stopped for breaking one or more traffic laws. In many cases, newer drivers simply make mistakes because they're unfamiliar with the rules. Unfortunately, explaining to a police officer or court that you’re sorry you did not know may be honest, but it won’t necessarily save you from a ticket.
It’s your responsibility to know the rules of the road
As soon as you set out onto the road in or on a motorized vehicle, you are expected to abide by all the relevant laws and traffic rules, whether you know them or not. In effect, it is your responsibility to learn them, and there are far more rules and regulations than you likely learned for the knowledge test that you took before obtaining your license.
Keeping to the flow of traffic is not an excuse
Another honest excuse you might want to give is that you were just doing what the other drivers were doing at the time, or staying in the flow of traffic. Many drivers have heard, for example, that they are "allowed" to keep up with other vehicles if everybody else is speeding -- but that is not true.If you are ticketed, there may be things you can say in your defense that do lead to the charges being reduced or dropped. Getting legal guidance to find out what they are would be a sensible move.]]>On Behalf of The Law Office Of Michael T. Winters<![CDATA[Can a Pennsylvania DUI from years ago still appear?]]>https://www.callmikewinters.com/?p=494432026-06-04T05:05:58Z2026-06-04T05:05:58ZSimply waiting it out may not clear the record
A DUI may still appear after some time because background checks could pull information from several sources. Court records, state databases, older reports and private screening files may all hold parts of the same record.
Some databases may keep records for many years. Others may repeat information from older public records. This is why the same DUI might appear again, even after many years have passed.
This issue may be crucial in fields such as healthcare, education, finance, transportation, public safety and licensed professional work.
What sealing means
Sealing means that the public may no longer access a criminal record, even though the record still exists. Courts, law enforcement agencies, and certain government entities may still be able to view a sealed record in some circumstances.
Under Pennsylvania's Clean Slate law, the waiting period for eligible lower-level misdemeanors is 7 years, but all court-ordered financial obligations, including fines and costs, must generally be fully paid. Furthermore, standard DUI convictions are broadly excluded from automatic Clean Slate sealing.
How expungement offers DUI record relief
Expungement usually goes further than sealing. In some circumstances, an expungement removes an offense from a person's public criminal record. If you successfully complete the pre-trial ARD diversionary program for a first-time DUI in Pennsylvania, the court will automatically dismiss the charges and expunge your arrest record without requiring you to file a separate petition.
Still, minor exceptions may exist. Certain federal agencies and high-security professional screening boards may use specialized federal databases that may still reflect the historical arrest.
Waiting for an old DUI to disappear on its own may not help. You might want to take the necessary steps to review what still appears, where it appears and whether record relief might apply. A clear review could help you understand what others might see before your next background check.]]>