Monday , August 21 2017
Home / Tag Archives: Jones

Tag Archives: Jones

Massachusetts Implied Consent

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »

IID in PA

IID stands for ignition interlock device and is defined as a handheld breath-alcohol monitoring device that is electronically connected to your vehicle’s ignition. Before starting your vehicle, the IID requires you to take and pass a breath test. If the device detects alcohol, the vehicle will not start. It also requires you to take re-tests while you are operating the vehicle. In Pennsylvania, IID’s are currently required for those who plead guilty or are convicted of a second or subsequent ... Read More »

DUI and Occupational Limited Licenses: Who is eligible?

An occupational limited license (OLL) authorizes driving a designated motor vehicle, under certain conditions, only when it is necessary for the driver’s occupation, work, trade, medical treatment or study. If this is your first DUI conviction, and your license has been suspended for 1-year, you are eligible for an OLL after 60 days. Eligibility is at PennDOT’s discretion. If your conviction results in an 18-month DUI-related suspension and you have satisfied all restoration requirements and installed an ignition interlock device ... Read More »

Sealing or Expunging your Massachusetts Record

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

Reckless and Careless Driving and DUI

If you’ve been charged with driving under the influence, it is likely that you have also been charged with one or more summary offense.  A summary offense is a minor crime, for example careless driving or reckless driving, and often times, is the reason the officer pulled you over. In Pennsylvania, after being charged with a DUI, or any crime for that matter, the first court appearance is normally at the District Court closest to where the incident occurred. Every ... Read More »

UPDATE: The Dookhan Disaster

Annie Dookhan, the former Massachusetts lab chemist we blogged about over a year ago, is back in court today on the 27 charges brought from tampering with drug samples which may have negatively affected 40,323 cases.  This number comes from a review of her cases, a request made by Governor Deval Patrick, from 2003-2012 which covers her time with the Department of Public Health; however, it would appear there is a separate investigation dating back to 1990 to see whether ... Read More »

Pennsylvania Utilizing NHTSA’s ARIDE Training

The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment during traffic stops.  On October 16-17, the Northeastern Pennsylvania DUI Task Force will provide local law enforcement with ARIDE training.  This is in response to what the Luzerne ... Read More »

Massachusetts Lifetime Look-Back and CWOF

Massachusetts has a lifetime look-back when it comes to operating under the influence (OUI) cases which means that any offense you commit can come back to haunt you.  The state even looks at out-of-state convictions and will count those as priors.  It doesn’t matter if the offense happened 30 years ago! On first offenses, many lawyers who don’t do a lot of OUI cases may try and sell a disposition called a “continued without a finding” or “CWOF” for short. ... Read More »

PA License Suspensions for Refusing a Chemical Test

As a Pennsylvania licensee, you have already agreed to take a chemical test if ever arrested for driving under the influence.  Because you have already agreed to take a chemical test, whether it is blood, breath or urine, you are subject to enhanced penalties if you refuse.  In looking at it in its most basic terms, a refusal results in your case splitting into two parts: civil and criminal. On the civil side, PennDOT will suspend your license for 12 ... Read More »

Pennsylvania ARD Program for First Time DUI Offenders

Clients often call in panic mode after doing research online and reading the penalties they face for a first offense driving under the influence (DUI) conviction in Pennsylvania.  Those penalties vary depending on what your blood alcohol content (BAC) is and are as follows: Tier 1 (BAC 0.080 to 0.99) 6 months probation $300 fine Safe Driving Classes Court Reporting Network (CRN) Evaluation Drug and Alcohol Treatment Evaluation (if warranted) Tier 2 (BAC 0.100 to 0.159, Minors and Commercial & ... Read More »