Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

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Showing posts with label DUI defense attorney. Show all posts
Showing posts with label DUI defense attorney. Show all posts

Wednesday, March 20, 2024

Most Common Types of Car Accidents & How to Prevent Them

top accident attorneys

Car accidents can happen to anyone, anywhere, and at any time. Understanding the most common types of car accidents and how to prevent them is crucial for ensuring your safety and the safety of others on the road. Whether you are seeking advice after an accident or looking to prevent one, knowing when to consult a car wreck attorney, a DUI defense attorney, or a personal injury lawyer can make a significant difference in the aftermath of an incident. Here, we delve into the most common accident types and injuries, and offer guidance on prevention.

Rear-End Collisions

What They Are: This is the term used when one vehicle strikes the back of another. These can happen when vehicles follow too closely to the back of the car in front of them.

Prevention Tips:

     Maintain a safe distance from the car ahead.

     Stay alert to traffic changes.

     Ensure your brake lights are always functioning properly.

Side-Impact Collisions

What They Are: Also known as T-bone accidents, these happen when the side of one vehicle is hit by the front or rear of another vehicle. Common at intersections, these crashes can be severe.

Prevention Tips:

     Always yield to traffic signals and signs.

     Look both ways before entering an intersection, even if you have the right of way.

     Drive defensively, especially in areas with heavy traffic.

Single Vehicle Accidents

What They Are: These involve only one vehicle that crashes into an object, rolls over, or runs off the road. Causes include driver distraction, intoxication, and poor weather conditions.

Prevention Tips:

     Never drive under the influence. If you are facing charges, a DUI defense attorney can help.

     Pay attention to the road and avoid distractions.

     Adjust your speed according to weather conditions.

Multi-Vehicle Pile-Ups

What They Are: These accidents involve three or more vehicles in a chain of collisions. They are most common on busy highways and can result in significant injuries and damage.

Prevention Tips:

     Keep a safe distance from other vehicles.

     Be cautious in bad weather or low-visibility conditions.

     Always signal your intentions to other drivers.

Head-On Collisions

What They Are: These occur when the fronts of two vehicles hit each other. Often fatal, head-on collisions are among the most dangerous types of accidents.

Prevention Tips:

     Stay alert and avoid driving when tired.

     Keep to your lane and be aware of oncoming traffic.

     Slow down in areas with limited visibility.

How to Respond After an Accident

If you find yourself involved in an accident, it is important to seek medical attention for any injuries and to contact law enforcement. Documenting the scene and exchanging information with other parties involved is also crucial. For legal support and to ensure your rights are protected, consider reaching-out to one of the top accident attorneys in Delaware County, Chester County, or Lancaster County.

Ensuring Your Road Safety

Preventing car accidents is not solely about adhering to traffic rules; it is about cultivating safe driving habits and being prepared for the unexpected. Regular vehicle maintenance, continuous vigilance, and the readiness to consult legal professionals like a car wreck attorney or a personal injury lawyer when necessary can significantly reduce the risk of accidents and their impact on your life.

Understanding the common types of car accidents and their prevention is the first step toward safer roads. By taking proactive measures and seeking appropriate legal counsel when needed, we can all contribute to a safer driving environment for ourselves and our communities.

This blog was originally posted on https://pa4law.com/most-common-types-of-car-accidents-how-to-prevent-them/

Friday, October 28, 2022

Marijuana Laws in Pennsylvania: What You Need to Know

drug crime lawyer

As more and more states legalize marijuana, and federal pardons are given for simple possession of cannabis, it can be confusing to know what is and is not legal in your state. Although possession of a small amount of marijuana is no longer a crime in certain counties in Pennsylvania, it is still illegal unless you have a valid medical marijuana card. If you’re facing charges, a drug crime lawyer can help you understand the law and safeguard your rights.

Is Simple Possession of Marijuana Decriminalized in PA?

The simple answer? No. However, possession of up to 30 grams of marijuana or 8 grams of hashish has been decriminalized in Philadelphia and Allegheny counties. This means it is now a civil violation that results in a fine of $25 if you are caught possessing it or $100 if the police find you smoking it. You can still be arrested and charged for possessing it or consuming small amounts in other jurisdictions in Pennsylvania.

Penalties for Simple Possession of Marijuana In PA

Under Pennsylvania law, possessing 30 grams or less of marijuana is a misdemeanor that comes with a $500 fine and up to 30 days in jail. If you possess more than 30 grams, you will still be charged with a misdemeanor but may pay a fine of $5,000 and up to one year of incarceration. In addition, if you’re charged with possession a second time or multiple times, you can face fines of up to $25,000 and three years in jail. If police observe that the marijuana is packaged with intent to sell, you may face felony charges.

Selling or Growing Marijuana in PA is a Felony

Selling any amount of marijuana in Pennsylvania is a felony, regardless of whether it’s one joint or a pound. Of course, penalties and sentencing guidelines vary depending on how much you have in your possession. Even if it’s only for personal use or you have a valid medical marijuana card, growing marijuana is also a felony in PA.

Being convicted of selling or growing marijuana can result in a $15,000 fine and 2 ½ to 5 years of incarceration. Penalties increase for multiple offenses.

Can I Be Charged With A Drug DUI if I Smoke Marijuana?

Yes. Regardless of whether you’re eligible for medical cannabis, if you’re caught driving with any amount of marijuana in your system you may face DUI charges. Unfortunately, marijuana can be detected in your system even if you haven’t consumed it for weeks. If you’ve been accused of driving while under the influence of drugs or alcohol, it’s critical to consult an experienced DUI defense attorney as soon as possible.

These are just a few examples of what you may face if you’re caught with marijuana in Pennsylvania. Facing any type of charge for drug possession is daunting. Our drug defense lawyers are well-versed in defense strategies that may be able to get charges reduced or dismissed. We help you understand your options and fight tirelessly to protect your rights.

Thursday, July 7, 2022

What to Expect if Your DUI Case Goes to Trial: A DUI Attorney Explains

DUI defense attorney

Navigating the courts in Pennsylvania can be daunting. One of the most stressful aspects of fighting a DUI is having your case go to trial, especially if you have never been charged with a crime before. Having an experienced DUI defense attorney by your side can help you understand the process and ensure your rights are protected.

The Preliminary Hearing

After a DUI arrest in Pennsylvania,  you will first attend a preliminary hearing. The arresting officer presents your case to a local District Court judge who decides whether there is enough evidence to move forward with your case. Quite often, a knowledgeable criminal defense attorney can have your case dismissed at this early stage.

Arraignment

If the case moves forward, the arraignment is a proceeding where the charges against you are read, and you will be asked to enter a plea of guilty or not guilty. If you are still in custody, your arraignment must occur within 72 hours. If you were released or posted bail, your preliminary hearing is held at a later date, usually within 30 to 60 days from the date of your arrest.

Regardless of whether you are arraigned right away or at a later date, it is critical to consult with criminal defense lawyers as soon as possible. Having an attorney act as your advocate at your preliminary hearing and arraignment may result in having charges reduced or dismissed, which rarely happens if you are unrepresented.

What to Expect at Trial

Jury Selection and Opening Statements

Unless you waive the right to a jury trial,  both your defense attorney and the prosecution will question and select jurors. Opening statements are then given by both the prosecution and defense. A convincing opening statement can set the tone for the trial and help win-over the jury from the beginning—that is why it is essential to hire a seasoned DUI attorney who is well-versed in taking cases to trial.

Evidence and Witness Testimony

After opening statements, the prosecution presents the evidence against you. Both the prosecution and your defense attorney will have opportunities to call witnesses to the stand to support their claims. For example, the prosecution typically calls the police officer who arrested you for DUI. Both the prosecution and your DUI attorney may ask each witness questions (examination and cross-examination). An experienced defense attorney will know exactly what questions to ask.

You will likely be called to testify by the prosecution. Although you are not required to testify, your testimony could be one of the most influential elements of your DUI trial. Make sure to answer all questions honestly and keep your cool to make a good impression on the jury. Your DUI lawyer will help you prepare before trial so you have an idea of what to expect and how you should answer any questions you are asked.

After the evidence has been presented and witnesses have offered testimony, each side will make closing statements to the court. A good DUI lawyer knows how to put it all together to create a strong closing argument on your behalf.

Jury Decision and Sentencing

The jury then reviews all evidence and testimony and deliberates until they come up with a decision – guilty or not guilty.  If the verdict is not guilty, you will be free to go. If you are found guilty, a judge will determine your sentence and explain the criminal penalties to you. You may ask the Court for a pre-sentence report after a conviction or plea, which postpones sentencing for up to 90 days. If you waive your right to the pre-sentence report, the judge may impose the sentence immediately.

Plea Bargains and ARD

In reality, few Pennsylvania DUI cases go to trial. Sometimes a plea bargain may be in your best interest. This means that the district attorney will reduce the charges and/or penalties in exchange for a guilty plea.  If it is your first DUI and you were not accused of causing serious injury or death, you may be eligible for Accelerated Rehabilitative Disposition (ARD). If you successfully complete this program, charges will be dismissed and your record may be expunged.  Your DUI attorney or drug crime lawyer can advise you whether a plea agreement or ARD is your best course of action,  or whether you should take your case to trial.

Do you need assistance with a DUI case or another legal matter? Our Pennsylvania criminal defense attorneys, car crash injury lawyers, and DUI attorneys can help.

Thursday, April 7, 2022

5 Reasons You Need a DUI Lawyer

DUI defense attorney

If you’ve been arrested for driving under the influence, you may feel overwhelmed and unsure of where to turn. DUI charges have serious consequences that can have an impact on myriad aspects of your life. Finding a good DUI defense attorney is critical to protecting your rights and working toward a fair outcome for your case.

1. A lawyer provides the counsel you need after an arrest.

After a DUI arrest, the police will want to question you. Before speaking to any police or prosecutors, call an attorney. Criminal defense lawyers give valuable advice on what to say and whether to answer certain questions, both of which can make a world of difference in the result of your DUI case.

2. A DUI conviction can jeopardize your freedom, reputation, and financial security.

Even first-time DUI convictions can carry stiff penalties such as hefty fines, jail time, and suspension of your driver’s license. In some cases, being convicted of a DUI can have an impact on the professional licenses you hold as well.

3. An attorney may help you get charges reduced or dismissed.

Your lawyer will assess the facts surrounding your case and determine whether procedural errors by the police, problems with evidence, or inaccurate breathalyzer, blood tests, or field sobriety tests may be avenues to get charges reduced or dismissed. If you’re facing additional charges involving illegal possession, it’s important to make sure that you hire an experienced drug crime lawyer to handle your case.

4. You may be eligible for an ARD program.

Some first-time offenders may be eligible to participate in an Accelerated Rehabilitative Disposition (ARD) program. After successfully completing the program, you may petition the court to have the charges dismissed and your case expunged. However, it’s important to keep in mind that ARD is not always the answer – if the prosecutor’s case is flimsy, you may be better-off taking your chances at trial. Your attorney can advise you of what he/she thinks is the best course of action and assist you with applying for ARD if it is available to, and best for, you.

5. A lawyer helps you understand your options.

DUI laws are complex, and navigating the court system can be daunting. It may be tempting to plead guilty right away just to be done with your DUI case. However, it’s important to fully explore your options so you can make educated decisions. Having an attorney negotiate with prosecutors on your behalf can help lessen the impact that a DUI may have on your life. If your case goes to trial, a defense attorney can help you prepare and develop a strategy to achieve a verdict in your favor.

It’s important to act fast to protect your rights if you're charged with a DUI. Contact a DUI attorney online or call (610) 444-0933 to schedule a free consultation. If you or a loved one has been injured in an accident involving a drunk driver, a car crash injury lawyer can help you understand your rights and hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/5-reasons-you-need-a-dui-lawyer/

Monday, March 14, 2022

Facing Drug DUI Charges in Pennsylvania? Here’s What You Need to Know

DUI defense attorney

Driving under the influence of drugs is a serious crime in Pennsylvania. Even a first-time drug DUI offender may lose his or her driver’s license and face costly fines and jail time. In some cases, a motorist and passenger may also be charged with possession or other drug crimes which can have very serious repercussions. If you’ve been charged with a drug DUI, it’s critical to contact a DUI defense attorney before you speak to any law enforcement officers or prosecutors. 

Drug DUIs in Pennsylvania

Under Pennsylvania law, driving under the influence of a controlled substance is a criminal offense. This means it is illegal to drive or operate a vehicle if:

Any amount of a Schedule I controlled substance is in your blood
A Schedule II or Schedule III controlled substance is in your blood (sometimes you can be charged even if you have a prescription for the drug)
A metabolite of a Schedule I, II or III drug is in your blood 
You are under the influence of an intoxicating inhalant or solvent 
You are under the influence of any drugs or alcohol to a level that impairs your ability to safely drive or be in actual physical control of a vehicle

Drug Schedules

Some common controlled substances are categorized as follows:

Schedule I – heroin, MDMA, marijuana, LSD, bath salts, and Quaaludes
Schedule II – cocaine, fentanyl, hydrocodone, Demerol, Adderall, Ritalin, methamphetamine, and methadone
Schedule III – ketamine, codeine, and anabolic steroids
Schedule IV – Valium, Xanax, Ativan & other benzodiazepines, Ambien and Tramadol
Schedule V – Medicines such as cough syrup and other drugs

Regardless of which type of drug you are accused of using, your drug crime lawyer can help you understand how controlled substance schedules may apply to your case. 

Ways You Can Be Charged with a Drug DUI

If you are charged with a per se violation, this means that if you have any amount of a Schedule I, II, or III drug in your system, you can be found guilty of a DUI. Prosecutors do not need proof that you were legally impaired—if you have a prohibited drug in your system, you may be found guilty. There are exceptions for those who have valid prescriptions for certain drugs. 

You can also be charged with a drug DUI in Pennsylvania based on impairment. Police test for impairment and the presence of drugs in several ways. Field sobriety tests enable them to look for signs like lack of coordination, poor balance, and dilated pupils. In some cases, a police officer may call in a trained Drug Recognition Evaluator to the scene. If you refuse to comply with blood or urine testing, you will automatically be charged with a DUI and may face an implied consent violation as well. Penalties vary depending on the specific circumstances. 

Defenses to Drug DUI Charges in Pennsylvania

If you’ve been charged with a drug DUI, all is not lost. The best criminal defense lawyers are adept at finding ways to dispute DUI charges and help clients avoid serious consequences like losing a professional license or job. Some common defenses include:

You were not impaired. Lack of coordination, poor balance, and dilated pupils can all be symptoms of other medical conditions. If you’ve been charged with an impairment-based DUI, and no drugs were found in your system, your defense lawyer may argue that there is insufficient evidence to prove impairment.  

Your drug test was inconclusive. If your blood or urine sample was tainted, the testing device was defective or the methodology used was unreliable, you may have a viable defense for a drug DUI.

Your rights were violated. If the police violated your constitutional rights, the evidence against you may be inadmissible in court.  Without evidence, the prosecution doesn’t have a case. 

Contact a Pennsylvania Drug Crimes Lawyer 

If you’re facing drug DUI charges, you are entitled to competent legal counsel. Our drug crimes lawyers, car crash injury lawyers, and experienced team of legal professionals fight to protect clients’ rights throughout eastern Pennsylvania.

Tuesday, February 1, 2022

How a DUI Can Affect Your Professional License

criminal defense lawyers

Earning a professional license takes years of hard work, dedication, and costly education. Whether you work in health care, public service, transportation, or another occupation, your professional license could be in jeopardy if you are convicted of a DUI. Experienced criminal defense lawyers understand that your livelihood may be on the line, so it is critical to find one right away if you have been charged with a DUI. They can provide an aggressive defense that may help you get charges reduced or dismissed, which in turn can eliminate or lessen the impact that a DUI can have on your career and reputation. 

Professions that Can Be Impacted By a DUI Conviction 

Commercial Vehicle Drivers

If you have a commercial driver’s license (CDL), you can be charged with a DUI if your blood alcohol content (BAC) is .04% or higher. The penalties for CDL drivers are stiff – depending on the circumstances, you could lose both your CDL and personal driver’s license for years. If it is your second DUI offense, you may lose your CDL permanently.  If you are involved in an accident while under the influence, a car crash injury lawyer can use this information against you in any claims or lawsuits that may arise. 

Doctors
Typically, a physician who is convicted of a DUI must appear in front of his/her state’s medical licensing board. In Pennsylvania, if you are charged with or convicted of a DUI, you have 30 days to notify the Pennsylvania State Board of Medicine. If you fail to report a DUI conviction or the board determines that you are unfit to practice medicine, you can lose your license. Your medical malpractice insurance may also increase.

Dentists
When dentists apply for or renew their dental license, they must report any DUI convictions. The PA State Board of Dentistry reviews each case and determines consequences on a case-by-case basis. 

Nurses
In Pennsylvania, licensed RNs, LPNs, CRNPs, LDNs, and CNSs must notify the State Board of Nursing of pending criminal charges and a DUI plea, conviction, or participation in ARD (Accelerated Rehabilitative Disposition). Failure to disclose a DUI conviction to the Board can result in a loss of your nursing license.

EMTs
Emergency Medical Technicians must report a DUI arrest and/or conviction to the Pennsylvania Department of Health which then has the right to revoke your EMT license. If you are applying for an EMT certification, and have been convicted of DUI within the previous four years, you may not be able to become certified at all.

Pharmacists
The Pennsylvania Board of Pharmacy may question your judgment, character, fitness, and ability to serve the public as a licensed pharmacist if you are convicted of a DUI or complete an ARD program due to alcohol and/or drug charges. Although each situation is assessed on a case-by-case basis, if you are convicted of a felony, you may lose your license permanently.  

Pilots
The Federal Aviation Administration and the Civil Action Security Division require licensed pilots to report a DUI conviction within 60 days. If you don’t, your pilot’s license can be suspended or revoked.

Other Professionals that Can be Affected by DUI Charges
Police officers, firefighters, teachers, and other public service workers may be disciplined for DUI convictions as well. Each municipality and school system handles these matters in its own way. Attorneys and accountants also run the risk of their professional license being suspended or revoked if they are convicted of a DUI. 

Regardless of what you do for a living, if you have been charged with a DUI, it is critical to seek the counsel of an experienced DUI defense attorney who will fight for your rights.

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