The Law Office Of Michael T. WintersThe Law Office Of Michael T. Winters2024-03-21T11:26:38Zhttps://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. Wintershttps://www.callmikewinters.com/?p=492892024-03-21T11:26:38Z2024-03-21T11:22:21ZUnderstanding alcohol-related offenses
In Pennsylvania, the law says that people under the age of 21 can’t do anything with alcohol. This includes:
Trying to buy alcohol
Buying alcohol
Drinking alcohol
Being in possession of alcohol
Transporting alcohol from one place to another
These rules apply to all types of alcohol, including liquor, malt or brewed beverages. Law enforcement can charge a person under 21 found committing any of these actions with a summary offense.
Legal and academic consequences of these offenses
A person convicted for the first time must pay a fine of up to $500. If they break the law again, the fine can go up to $1,000. These figures can be a significant financial burden, especially for young adults with limited income or savings.
In addition to legal consequences, there can also be academic ones. Many schools have rules about student behavior and breaking the law. So, if a student is caught doing something related to alcohol, they can face actions like counseling, educational programs, suspension or even expulsion.
Planning for any possibility
A summary offense on a person’s record can affect future job opportunities. Many employers do background checks. If they see an applicant with a criminal record, they might hesitate to hire them. That’s why taking these charges seriously is crucial. Defenses might include questioning the accuracy of the breath test or other tests or proving that the person didn’t know they were consuming alcohol. They can also argue that the alcohol was consumed in a state where the legal drinking age is lower than 21.
However, any person under 21 caught in Pennsylvania must face its laws and penalties, regardless of where they consumed the alcohol. This makes defending against an alcohol-related charge a complex process. Consulting with an attorney can be beneficial in this situation. An attorney can help explore possible defenses and negotiate for lesser charges or penalties where appropriate.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492882024-03-12T13:10:11Z2024-03-12T13:10:11ZAs most American adults are aware, St. Patrick's Day, celebrated on March 17th, is a festive occasion that honors the patron saint of Ireland. Over time, this day has evolved into a global celebration of Irish heritage, marked by parades, wearing green and, for many, enjoying green beer and other alcohol.
Because law enforcement officers are also broadly aware of the fact that St. Patrick’s Day is recognized as a “drinking holiday,” their impaired driving patrols tend to increase on the night of the 17th. For this and many other reasons, it's important to plan ahead to celebrate responsibly and minimize your risk of being charged with a DUI.What are your options for avoiding a DUI?The following are some strategies to keep in mind as you’re working out how you’ll go about celebrating St. Patrick's Day safely:
Designate a sober driver: Before celebrations begin, decide on a designated driver who will abstain from drinking to ensure everyone gets home safely. Alternatively, plan ahead for rideshare or public transportation options.
Stay where you are: If possible, plan your celebration at a location where you can stay overnight. For example, many hotels offer special rates for holiday events, allowing you to enjoy the festivities without worrying about getting home afterward.
Host your own party: Consider hosting a St. Patrick's Day gathering at your home. This way, you can control the environment, including the availability of alcohol, and you can work to ensure that your guests have options to stay over or secure a safe ride home.
You’ll also want to familiarize yourself with the local laws and penalties related to DUI. The repercussions of a DUI conviction can include hefty fines, license suspension and even jail time, not to mention the long-term impact on your criminal record and auto insurance rates. Understanding what you could be facing if you fail to make informed choices can inspire you to safeguard your interests more proactively. With all of this said, should a mistake or misunderstanding occur on St. Patrick’s Day – and you find yourself arrested for impaired driving – understand that you don’t have to navigate your circumstances alone. Seeking legal guidance right away can help you to protect your rights and explore your defense options. ]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492862024-03-11T13:04:41Z2024-03-11T13:04:41ZDoxing as an endangerment offense
It’s illegal under state law to reveal a public safety official’s personal information on social media. The law also prohibits persons from revealing the information of the official’s family or household members.
State law considers doxing a crime whether or not the offender intended others to use the leaked personal information to threaten, intimidate or commit crimes against the official or their family.
The penalties for doxing
The offense of endangering a public safety official is a misdemeanor of the first degree. A conviction would lead to up to $10,000 in fines and five years of imprisonment.
However, if the doxing results in bodily injury to the official or their family, the offense becomes a felony of the second degree. A person convicted faces up to $25,000 in fines and up to 10 years in prison.
It can be dangerous to reveal sensitive details about someone else online. You might accidentally share important details about an official and face criminal charges for it. A legal professional with criminal defense experience may be able to advise you on your case and represent you.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492842024-02-29T10:04:11Z2024-02-29T10:04:11Zimbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving.” You would have to have consumed enough alcohol to influence your ability to drive for it to be illegal.
Your level of intoxication matters
If you consume enough alcohol over the years, you have most likely developed a tolerance to its effects. Tolerance does not influence your blood alcohol concentration (BAC) level, but it may lead you to believe that you have less alcohol in your system than you actually do. The law steps in to set boundaries, expressed as BAC limits.
The legal BAC limit is 0.08%. If your BAC is 0.08% or higher, you are considered legally intoxicated, and a police officer can charge you with a DUI. However, the officer would still need a reason to initiate the traffic stop and to perform chemical tests to obtain your BAC. If they had no probable cause of impairment or you did not violate any traffic rules, they should not have pulled you over to begin with.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492832024-02-26T21:47:37Z2024-02-26T21:47:37ZSpeeding
Speeding tickets are some of the most prevalent traffic tickets because many motorists are usually inclined to exceed speed limits if they’re hurrying to their destination. In Pennsylvania, the maximum speed limit for motorists driving on freeways is 65-70 mph; exceeding this threshold constitutes a violation of the law that is met by significant fines.
Motorists should also remember that accumulating too many points on a driver’s license due to speeding can result in license suspension or revocation. Moreover, insurance companies may raise premiums for drivers with speeding tickets.
Leaving the scene of an accident
Upon being involved in an accident, drivers are legally obligated to stop their vehicles, assess the situation and report the accident to the police. Choosing to flee the scene of an accident, commonly referred to as a hit and run, constitutes a grave violation of traffic laws and ethical principles. Rather than taking responsibility for one’s actions and helping ensure the welfare of those affected, fleeing drivers compound the consequences of their actions by evading accountability.
The severity of hit-and-run charges varies depending on the circumstances surrounding the incident. Drivers may face misdemeanor charges and fines in cases involving only property damage. However, the stakes escalate to felony charges if the accident results in injuries or fatalities.
According to statistics, exceeding speed limits and leaving the scene of an accident represent some violations of traffic laws that result in motorists finding themselves on the wrong side of the law most commonly. Drivers who get arrested for traffic violations can benefit from engaging a legal professional who handles these kinds of cases regularly and has knowledge of the most effective ways forward.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492822024-02-20T12:55:49Z2024-02-20T12:55:49ZThe stakes are higher for CDL holders facing DUI charges
Unlike for regular drivers, the legal BAC limit for commercial drivers is .04%. This stricter limitation forces CDL holders to maintain the highest standards of safety. However, it also means having a couple of alcoholic drinks – just enough to cause a buzz but not too much to impair the senses severely – can trigger a DUI charge.
The penalties for a first-time CDL DUI
If a court convicts a CDL holder of DUI for the first time, the penalties the driver faces are based on the level of impairment the driver had at the time of the offense. These penalties are:
The driver had between .04% and .099% BAC: Up to six months of probation (no minimum), a $300 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
The driver had between .10% and .159% BAC: 48 hours up to six months of prison, a $5,000 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
The driver had .16% BAC or higher: 72 hours to up to six months of prison, a $5,000 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
In addition to these penalties, the Pennsylvania Department of Transportation (PennDOT) also disqualifies the driver’s CDL for one year, and the driver must pay another $100 administrative fine.
The consequences of a DUI can be career-altering, so it's crucial for those holding a CDL to stay informed and exercise caution. A legal professional experienced in criminal defense may be able to help CDL holders who are facing charges by explaining how the court procedure works and what their rights are.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492812024-02-05T13:48:36Z2024-02-05T13:48:36ZLegal definition of drug lab operations
According to Pennsylvania law, the operation of a drug lab is charged under the statute for manufacture, delivery or possession with intent to manufacture or deliver. The offense is usually a felony, and the specific law targets the drugs as well as the chemicals and equipment used to make them.
The penalties for drug lab operation
The penalties for operating a drug lab are stringent. Convictions can result in long prison sentences, hefty fines, and a permanent mark on one's criminal record. Sentencing varies depending on the type and quantity of drugs produced and whether there are prior offenses.
The controlled substance manufactured is a Schedule I or II narcotic drug: A conviction for this felony offense leads to up to 15 years of imprisonment and $250,000 in fines. Alternatively, a court can impose an even larger fine sufficient enough to exhaust the offender’s illegal assets and profits.
The controlled substance is either phencyclidine or methamphetamine or their salts or isomers: A conviction for this felony offense leads to up to 10 years of imprisonment and $100,000 in fines. Alternatively, a court can impose an even larger fine sufficient enough to exhaust the offender’s illegal assets and profits.
Any other controlled substance classified under Schedules I, II or III: This felony offense leads to up to five years of prison and $15,000 in fines on conviction.
The substance is a Schedule IV substance: This felony offense leads to up to three years of prison and $10,000 in fines on conviction.
The substance is a Schedule V substance: Unlike the others, this is a misdemeanor offense. However, it still leads to up to a year of imprisonment and $5,000 in fines.
Apart from criminal charges, offenders may also face civil penalties for running a drug lab. This includes the costs of cleanup and decontamination of the property used for the lab. This might not sound like much compared to a criminal sentence, but the cost of remediation can easily reach tens of thousands of dollars.
There are heavy criminal and civil repercussions for operating a drug lab. If you face similar charges, consider consulting a legal professional for advice.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492802024-01-26T12:00:29Z2024-01-26T12:00:29ZIn Pennsylvania, sealing a criminal record can limit access to but not remove it. An expungement can completely wipe it out, providing a clean slate. Still, this process may only apply to eligible records that meet specific qualifications. If you intend to expunge your record, eligibility can vary, including the following:
Convictions for minor offenses, such as disorderly conduct or loitering, if you have not committed any offenses five years since
Offenses with completion of special programs as a sanction, often applicable for intoxication-related violations
Misdemeanor and felony charges if you are at least 70 years old and you have not been subject to any arrests for the past ten years
Before seeking expungement, it is helpful to determine if you are eligible based on the details of your record and your circumstances. Most violent crimes cannot qualify for this process, regardless of other requirements.
Getting legal help for expungements
There are online resources that can help you organize the paperwork and requisites you need for an expungement, but some issues can arise, complicating your situation. In these scenarios, it could be beneficial to seek legal guidance before moving the process forward.
Having valuable counsel can help determine your options, considering your unique circumstances and other information that can impact your application. These efforts may seem troublesome, but they can be necessary to help you make a fresh start.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492782024-01-15T10:02:52Z2024-01-15T10:02:52ZThe legal consequences of refusing
Per Pennsylvania’s law, refusing a breathalyzer test can lead to penalties, including:
Mandatory license suspension: Refusing a test automatically leads to a 12-month driver’s license suspension for a first offense. This instead becomes 18 months if the driver’s operating privileges were previously suspended or a court convicted them of DUI. This suspension is separate from any other DUI penalties the driver may incur.
Added penalties: If a driver violates state DUI laws and refuses testing (whether for breath or blood testing), they commit a misdemeanor offense separate from the DUI offense. This offense is punishable by up to six months of imprisonment and $5,000 in fines.
Admissibility in court: While not a direct penalty, refusing a breathalyzer test can affect the court hearing over your DUI charge. Prosecutors can use the refusal against you in court, potentially influencing the outcome of your case.
Refusal of a breathalyzer test in Pennsylvania carries serious repercussions that can compound the challenges you face when charged with DUI. It is important to make an informed decision and to seek legal counsel as soon as possible to navigate the complexities of your situation.]]>On Behalf of The Law Office Of Michael T. Wintershttps://www.callmikewinters.com/?p=492772024-01-03T10:05:24Z2024-01-03T10:05:24ZDamage to vehicle or other property
According to Pennsylvania law, any individual who violates the state’s DUI laws and causes an accident resulting in damage to a vehicle or other property commits a misdemeanor. For a conviction of DUI while causing vehicular or property damage, a person faces up to six months of jail time plus a $300 fine (if it’s their first DUI offense). This is the same penalty for a conviction for a regular DUI.
However, if the person had two prior DUI offenses, a DUI while causing vehicular/property damage is instead a misdemeanor of the first degree. The offense is punishable by up to five years of imprisonment and $10,000 in fines on conviction.
By comparison, a person charged with regular DUI with two prior offenses commits a misdemeanor of the second degree, which is a lower criminal grade than a first-degree misdemeanor.
Consecutive sentences
Because the enhanced penalties for a DUI with property damage trigger when the offender has at least two prior offenses, the driver can potentially serve consecutive sentences if their violations occur one after the other.
In summary, causing damage while driving under the influence can lead to enhanced penalties – but these penalties are more apparent when the offender has two or more prior convictions. If you caused damage with your latest DUI and you have a record of drunk driving, consider consulting a legal professional. You’ll want to plan your defense in court unless you plan to serve consecutive sentences.]]>