The Law Office Of Michael T. Winters The Law Office Of Michael T. Winters 2026-06-04T05:05:58Z https://www.callmikewinters.com/feed/atom/ WordPress /wp-content/uploads/sites/1501097/2020/08/cropped-site-icon-32x32.jpg 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=49443 2026-06-04T05:05:58Z 2026-06-04T05:05:58Z Simply 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.]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[What is a standardized field sobriety test?]]> https://www.callmikewinters.com/?p=49442 2026-06-02T18:21:25Z 2026-06-02T18:21:25Z Being pulled over on suspicion of drunk driving often leads to the police officer trying to find out what’s going on. The officer needs to have reasonable suspicion to initiate the stop, so that means that they saw something that led them to believe the driver was impaired.  In some cases, the officer may ask the driver to take a field sobriety test. While there are countless tests they can use, there are only three tests that make up the standardized field sobriety test (SFST) that’s endorsed by the National Highway Traffic Safety Administration. Together, these tests are considered accurate enough to be admissible in court. 

3 components of the SFST

An SFST includes the walk-and-turn, one-leg stand and horizontal gaze nystagmus. These tests allow the officer to check your ability to do more than one activity at a time, balance, and follow instructions precisely.  These tests aren’t perfect. They can be impacted by uncontrollable factors, such as poor lighting, medical conditions, injuries, age, nervousness, fatigue or uneven pavement. Because of this, they’re only one consideration in a drunk driving investigation. Officers may also consider things like the smell of alcohol on the driver’s breath or the result of a chemical blood alcohol concentration test.  Anyone who’s been arrested and charged with drunk driving should ensure they learn about their options for a defense strategy. Some of these options might be time sensitive, so it’s necessary to review them swiftly. Working with someone familiar with drunk driving cases is critical so you can explore the options and move forward with the one you feel is in your best interest.   ]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[3 psychological tricks officers use during a DUI arrest]]> https://www.callmikewinters.com/?p=49441 2026-05-20T14:04:06Z 2026-05-20T14:04:06Z In many cases, during a DUI arrest, law enforcement officers are trained to watch your behavior, your words and even your reactions during the stop. So, no matter how fast your heart is beating, you must stay calm and understand how these encounters work. During a traffic stop, certain psychological tactics may be used to encourage you to talk more or act emotionally. While some methods are legal interview techniques, they can still leave you feeling pressured. 

1. A friendly approach 

One common tactic is creating a relaxed conversation. An officer may speak casually, joke around or act sympathetic to make you feel comfortable. You may then start explaining where you were, what you drank or how much alcohol you consumed.  Many people talk too much because the conversation feels harmless. Even small comments can later be used to support impairment claims. Staying polite while keeping your answers short can help you avoid unnecessary problems. 

2. Maintaining long silences 

Another technique involves silence. After asking a question, an officer may pause and wait quietly for you to keep talking. Many people become nervous in silent moments and try to fill the gap with extra information.  This tactic works because most people naturally want to explain themselves. Unfortunately, nervous talking can sometimes be misunderstood as guilt or intoxication.

3. Repeating the same question

Repeating questions is another psychological strategy. Officers may ask the same thing in different ways to look for inconsistent answers or signs of confusion. You may feel pressured to respond quickly, especially late at night or under stress. That pressure can lead to mistakes, even when you are trying to cooperate.  A DUI arrest can affect your record, driving privileges and future opportunities. If you ever face this situation, getting reliable legal guidance can help you better understand your rights and the next steps available to you.  ]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[Is it smart to talk your way out of a DUI stop in Pennsylvania?]]> https://www.callmikewinters.com/?p=49439 2026-05-15T12:52:29Z 2026-05-15T12:52:29Z Many drivers try to talk their way out of a DUI stop with a story or a joke. That move often turns a quick check into a full investigation. In Pennsylvania, you hold rights that guard you, yet your words can hand the officer key evidence. A calm plan usually serves you better than a slick speech.

What to say and what to skip at a DUI stop

Start with respect, then keep your words short and safe. Keep these points in mind:
  • License, registration and insurance: Hand them over right away.
  • Questions about drinking: You may decline to answer.
  • Field sobriety tests: You can decline standardized roadside tests in Pennsylvania.
  • Preliminary breath test: You can also decline a handheld roadside breath test.
  • Step out commands: If the officer orders you to step out, follow the command.
  • Consent to search: You can refuse consent to a vehicle search.
  • Tone and body language: Stay polite, keep hands visible and avoid sudden moves.
  • Final check: Ask, “Am I free to leave?”
If the stop shifts into an arrest, different rules kick in.

After an arrest: tests, license and next steps

Know how Pennsylvania’s implied consent law changes your choices. Focus on these key points:
  • Official chemical tests: After arrest officers may request a breath or blood test at a station or hospital.
  • Warnings: Officers often read written warnings that explain refusal consequences before testing.
  • Right to counsel: Pennsylvania law generally does not give you the right to speak with a lawyer before you decide.
  • Refusal consequences: If you refuse a post‑arrest chemical test, PennDOT can suspend your license and the case can include extra penalties.
  • Statements: Say you want to remain silent and ask for a lawyer, then stop talking.
  • After release: Write down times, locations and witnesses while details stay fresh. Good notes and calm actions can help you prepare for the next step.
Talking your way out of a DUI stop often fails and can raise the stakes fast. Careful choices can protect your license and future and timely legal support can make a real difference.]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[What factors may aggravate simple assault charges?]]> https://www.callmikewinters.com/?p=49438 2026-05-02T12:16:12Z 2026-05-02T12:16:12Z Unique circumstances often warrant harsher charges One of the most common reasons for an aggravated assault charge is the presence of a dangerous weapon during an assault. Any attempt to harm another person with a deadly weapon could constitute aggravated assault. Additionally, if the state can show that the defendant intended to cause serious bodily harm or recklessly caused significant physical injuries, that can justify an aggravated assault charge under current Pennsylvania statutes. Any injury causing severe pain or posing a risk of death or lasting impairment could qualify as serious. If the person targeted is a child age six or younger, that could also provide the necessary justification for an aggravated assault charge. If there was an intent to cause serious bodily harm, an assault on anyone age 13 or younger by a legal adult is an aggravated assault. Finally, assaults targeting law enforcement professionals or school employees could also lead to aggravated assault charges. The penalties imposed for an aggravated assault charge are significantly higher, and the record of a conviction may create more stigma as well. Understanding the factors that may influence Pennsylvania assault charges or the penalties imposed by the courts can help people prepare a defense strategy. An attorney’s guidance is critical in cases where specific aggravating factors put defendants at risk of more serious charges and penalties.]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[Are you allowed to share prescriptions with friends?]]> https://www.callmikewinters.com/?p=49436 2026-04-17T12:44:48Z 2026-04-17T12:44:48Z The only way to legally get prescription medications is to first get that prescription from a medical professional, such as your primary care physician. Once you have it, you can have the prescription filled at the pharmacy that you have selected. You then pick up the medication from the pharmacist, and it comes with a list of instructions regarding how you should use it. In other words, this medication is uniquely yours and designed specifically for you. But you may find yourself in a position where you want to share it with someone else. For instance, say that you had surgery and needed painkillers. You did not use all of the pills before you recovered. You are a college student, and one of your roommates has been dealing with significant back pain. They want to take one of your prescription painkillers to see if it helps them, saving them the expense of going to the doctor themselves. Can you share these medications with your friends?

2 legal violations

The short answer is no, you cannot share prescription medications in Pennsylvania. There are many issues with doing this. First and foremost, giving away or selling prescriptions is illegal on your end. You could face drug distribution charges, even if you meant well. On your friend’s side, it is also illegal for them to have and use your prescription medication. They do not have their own prescription, so they could face charges for illegal drug possession.

Your defense options

You may have good intentions when sharing with friends, roommates or family members, but that does not mean it is legal. If you find yourself facing serious drug charges in Pennsylvania, you must know what defense options you have.]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[Expungement vs. sealing for minors: Clearing the path to school]]> https://www.callmikewinters.com/?p=49434 2026-04-01T12:34:42Z 2026-04-01T12:34:42Z Many parents think a juvenile record disappears once a child turns 18. In Pennsylvania, that’s not true. Juvenile records are usually private, but courts, probation officers and even schools can still see them. If nothing is done, a record can affect school admissions, scholarships, jobs or professional licenses. Knowing how expungement works in Lancaster County can help keep your child’s record from following them into adulthood.

Clearing records in Pennsylvania

In Pennsylvania, expungement is the main way to clear juvenile records. The state does not have a separate “sealing” process for minors. Expungement can remove eligible records after certain waiting periods:
  • 5 years after completing a sentence
  • 6 months after completing probation or supervision
  • Immediately if charges were withdrawn, dismissed or resulted in acquittal
Violent felonies or repeat offenses may have limits. But many minor offenses, like shoplifting or skipping school, can qualify for expungement.

Steps to protect your child’s record

In Lancaster County, clearing a juvenile record usually follows these steps:
  • Contacting the Office of Juvenile Probation to verify eligibility and obtain the required verification form
  • Completing a state police background check
  • Filing a motion with the Clerk of Courts using Rules 170 or 172, along with a $36.75 filing fee
  • Consulting a local lawyer to ensure documentation meets statutory requirements and deadlines
Following these steps can help prevent your child’s record from affecting schools, jobs or licensing boards. Acting early can reduce the risk of surprises later.

Keeping doors open for the future

Expungement is more than just protecting privacy — it helps keep your child’s opportunities open. A cleared record can affect college applications, job chances and professional licenses. Understanding Pennsylvania laws and Lancaster procedures ensures your child can step into adulthood without old mistakes holding them back.]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[What new Pennsylvania law means for those with a first-time DUI]]> https://www.callmikewinters.com/?p=49435 2026-03-31T15:08:02Z 2026-03-31T15:08:02Z Last year, Pennsylvania lawmakers took steps to close a loophole in the state’s DUI laws. The new law, which went into effect in December, applies to those who complete the diversion program Accelerated Rehabilitative Disposition (ARD). In a case that made it to the Pennsylvania Supreme Court last year, the court ruled that if a person successfully completed ARD, that first DUI would not be counted if they had another one. That meant lesser penalties than if they were considered a repeat DUI offender. Now, under the new law, even if someone completes the ARD, their DUI can still be considered a prior offense for purposes of penalties.

The benefits of ARD

Drivers can still benefit from completing the ARD, even if it doesn’t erase the DUI from their record. As one state representative behind the new law said, “Repeat impaired drivers will face meaningful penalties along with access to treatment options, such as Accelerated Rehabilitative Disposition (ARD), helping ensure accountability and rehabilitation.” One of the criticisms of the high court’s decision by state prosecutors was that they would hesitate to recommend ARD for a defendant if it meant less accountability if they faced another DUI later.

The law creates a new criminal offense

The new law creates an offense called “DUI Following Diversion.” That applies to a DUI conviction within ten years of ARD completion.  According to the Pennsylvania District Attorneys Association, the new law “reinforces protections for victims of repeat offenders and their families by guaranteeing that subsequent penalties for DUI offenses -- including Homicide by Vehicle While DUI following a prior ARD -- are appropriately enhanced and applied.” Of course, if you are charged with DUI, the best possible outcome is no conviction at all. Even a first-time conviction can have serious consequences. That’s why it’s wise to get legal guidance as early as possible to protect your rights and your future.]]> by The Law Office Of Michael T. Winters <![CDATA[YES, THAT IS A GUN IN MY UNDERWEAR and, NO, I AM NOT GLAD TO SEE YOU]]> https://www.callmikewinters.com/?p=49433 2026-03-24T11:27:19Z 2026-03-24T11:27:19Z The Pa. Superior Court recently ruled that the trial court erred in granting a defendant’s motion to suppress evidence based on an unlawful detention and search after the defendant was observed walking down the street with a gun in his underwear.   Two Philadelphia Police Department officers were conducting a “pinpoint grid” to address gun violence in a particular part of Philadelphia when they saw Gibbons cross the street in front of their marked police vehicle. When he did so, Gibbons pulled his shirt down over his waist and, as he continued to walk on the sidewalk, his shirt rode up and the officers saw through his underwear the outline of a firearm, plainly visible at his hip.   Officers approached Gibbons, informed him they had observed an outline of a gun and asked him if he had a permit for the gun. He told them that he had a permit. But, when one of the officers asked him for identification and walked back to the patrol car to check if Gibbons had a permit, Gibbons then told them that his brother had the permit, not him. He also lifted his shirt and pulled the waistband of his underwear away from his body giving him access to the firearm. At that point, the officers told him not to touch the firearm.   Gibbons was ultimately charged with multiple firearms violations and subsequently filed a motion to suppress the firearm based on an unlawful detention and search.    The trial court granted the motion, concluding that once Gibbons told the officers he had a permit, the officer’spersistence in then asking for his license elevated the encounter into a situation where the defendant was not free to walk away thereby resulting in a detention without reasonable suspicion.   The Commonwealth appealed.   The Superior Court initially analyzed when the mere encounter evolved into an investigative detention and then determined if the totality of the circumstances at that point rose to the level of a reasonable suspicion of criminal activity.    In doing so, the Superior Court rejected the notion that requesting identification from Gibbons amounted to a detention. The Court noted that the officers had not blocked Gibbons’s walking path, activated their emergency lights, brandished any weapons, or demonstrated an overwhelming show of force or authority. The Court also noted that the officers did not even draw their firearms when Gibbons began to reach in the area where his firearm was located. “Instead, it was only at the point of telling him not to touch the firearm that the officers demonstrated any show of force or authority.” The Court further noted that the officers were friendly and deferential to Gibbons throughout the interaction while attempting to ensure that he had a permit to carry the firearm tucked inside his underwear.   The Superior Court concluded that an investigative detention occurred when the officers ordered Gibbons to stop touching his firearm, secured it from his person, and placed him in handcuffs. To be clear, “the order to stop touching the firearm was the triggering event for an investigative detention.”   As to whether the officers had reasonable suspicion at that point, the Superior Court then evaluated the totality of the circumstances and concluded that those circumstances gave rise to reasonable suspicion that criminal activity was afoot. Specifically, (1) the officers were conducting a targeted check to address recent gun violence in the area; (2) Gibbons had a firearm concealed in his underwear; (3) he attempted to cover the obvious outline of it through his underwear by pulling down his shirt as he walked in front of the marked police vehicle; (4) he lied about having a permit for the firearm; and (5) he made movements to uncover and access the firearm while one of the two officers had walked away to the patrol vehicle.    Having concluded the trial court erred in granting the suppression motion, the Superior Court reversed the trial court’s order and remanded the case for further proceedings.   COMMONWEALTH V. ISIAH GIBBONS, No. 1940 EDA 2023 (PA. Super. 3/23/2026)   https://www.pacourts.us/assets/opinions/Superior/out/J-A17039-24o%20-%20106722480351648205.pdf?cb=1
]]> On Behalf of The Law Office Of Michael T. Winters <![CDATA[Have you already consented to a breath test?]]> https://www.callmikewinters.com/?p=49432 2026-03-17T07:36:09Z 2026-03-17T07:36:09Z If a police officer pulls you over on suspicion of impaired driving, they may want to have you take a breath test. For instance, the police should have a breathalyzer at the department. They can take you down to the station so that you can take a breath test relatively quickly after the traffic stop, gauging your blood alcohol concentration (BAC) at the time you were operating your vehicle. But are you obligated to take this test? Or is it possible for you to refuse?

Implied consent and a license suspension

Due to implied consent laws, the state essentially views this as a situation in which you have already consented to the breath test simply by virtue of operating your vehicle on public roadways. That means that you do have an obligation to take the test, at least from a legal perspective. That being said, if you refuse, the test will not be administered at that time. However, this does not mean you avoid any ramifications. Your refusal would be a violation of the implied consent laws. For a first offense of refusing to take the test, your license will typically be suspended for the next 12 months. If you already had such a refusal on your record, making this a second offense, then it would trigger an 18-month license suspension.  Even if you were completely sober, or if you were never convicted on impaired driving charges, you would still have to serve the suspension due to the refusal. Impaired driving laws can be nuanced and complicated, so it is important to understand all of your rights and your legal defense options.]]>