Sunday, June 28, 2009

PA First Offense Penalties and Effects on Personal Finance

First time offenders are looking at substantial monetary fines and probation, and this can be much, much worse if you have a high BAC (blood alcohol content) or if someone is injured or killed. For a first time offence though you can expect to get slapped with around $5,000 in fines and fees. Add on top of this your expenses for attorney fees and higher insurance rates. Drunk drivers insurance rates can triple or offenders can be dropped from their insurance. It would be very interesting here what other long term economic affects a DUI conviction causes. I'm sure that most people’s credit scores suffer due to missed/late payments caused by the economic strain of a conviction. It would be very interest if someone signed up for a credit reporting service and monitored the effects during this process, or at least posted a before and after credit score.  Regardless, the effects of a DUI on peoples personal finances are severe and additional offenses have a multiplying effect on this economic pain. Just be thankful you don't live in Germany if you get a conviction, they take a percent of your income!

Sunday, June 7, 2009

Law School Paid Off!

Hey everyone, I have finally got law school paid off! A 65k debt that has been on my books since the mid 90's. I'll tell you what, it has paid off to have that degree too. I truly enjoy being a DUI attorney in the great state of Pennsylvania.

Sorry I haven't posted any great news in a while, but to tell you the truth this is such a busy time of year for DUI's. So be careful out there, the police are out in force and balancing their budgets.

Thursday, February 12, 2009

Pennsylvania ARD Program

The Pennsylvania ARD program is a driver rehabilitation program for first time DUI offenders that allows the DUI or DWI charges to be dropped upon completion of the program. To be eligible it has to have been your first offense in the last 10 years, you cannot have had a minor of the age 14 or under in the car and no injuries could have occurred during the infraction. This is usually the best case scenario if you have been busted driving under the influence of alcohol. The DUI will not go on your record and won't endanger future employment. Furthermore it is less expensive and offenders won't have to serve time in jail.

The ARD program is administered at the county level, and they don't make it easy for you. They are not your friends; an attorney should be hired to help you navigate the PA ARD Program. However, the best solution is to use the Pennsylvania ARD Program service provided by ARDprogram.com. For a small (comparatively) fee they assist offenders through the maze of forms and red tape needed to complete an ARD Program. They are highly recommended and provide an experienced DUI attorney to guide you through the program.

Saturday, December 6, 2008

Holiday Drunk Driving

Happy Holidays! Don't drink and drive, need I remind you! Holiday parties are common and it's that time of the year again, DUI time. The holiday season is the biggest spike in DUI's during the year, good for DUI attorneys but bad for everyone else. Please be safe, take a cab, or just don't drink if your driving.

But, let's look at some numbers. Way more Americans die each year from drunk driving then we have lost in the entire war in Iraq. In fact, about as many Americans die in Pennsylvania alone as they do in the whole war every month. This is a sad reality, but we have actually improved since the US started getting serious about the problem. Harsh punishments for DUI offenders has worked. In Pennsylvania 1048 people died in drunk driving accidents in 1992, now that is down to 556 in 2006. Obviously 556 fatalities in one state is still way to high, but I think it shows that the DUI laws are saving lives. So, enjoy the holiday season, and enjoy a stiff egg nog and brandy when you get home from the party!

Thursday, November 6, 2008

Drunk Driving Deaths Decline

Drunk Driving Fatalities Fall Nation Wide.

Although the nation still looses three times as many people to drunk driving in one year as we lost in both Iraq wars combined, the numbers have declined.

Here is the announcement by US Transportation Secretary, Mary Peters.

DUI Fatalities Down Nationwide and in 32 States,Says U.S. Secretary of Transportation Mary PetersAnnouncement Comes as Federal, State and Local Governments Launch Massive Enforcement Crackdown and Advertising Blitz for Labor Day Weekend New national figures released today show a significant decline in the number of drunk driving-related fatalities occurring nationally and in 32 individual states, U.S. Secretary of Transportation Mary Peters announced. However, the Secretary noted that the number of alcohol related fatalities among motorcyclists is climbing in half of the states. “More drivers are getting the message that if you drink and drive, you will be caught, you will be arrested and you will go to jail,” said Secretary Peters. “But as good as this progress is, in this day and age there is simply no excuse for someone to drink and then drive.”

Secretary Peters noted that last year an estimated 12,998 people were killed in crashes where a vehicle operator had a blood alcohol concentration (BAC) of .08 or higher. She said that represented a 3.7 percent decline from the 13,491 fatalities in 2006. However, figures showing that 25 states experienced an increase in the number of drunk motorcycle riders involved in fatal crashes was disappointing, the Secretary said.

The Secretary added that the Department was working with law enforcement agencies across the nation to launch stepped-up drunk driving enforcement efforts during the Labor Day holiday period. She added that the Department also was investing $13 million in advertising during the holiday weekend to deliver the message, “Drunk Driving. Over the Limit. Under Arrest.”

A National Highway Traffic Safety Administration (NHTSA) advertising campaign this year will include media outlets and information sources that are most likely to reach high risk demographic groups. The agency is using more web-based outreach, teaming up with alternative media partners. The new ads are being seen on message banners on well-known social media sites, internet TV programming, mobile devices and even PC-based video games.

Secretary Peters also reminded drivers – and motorcycle riders – attending holiday gatherings that if they plan to drink, that they make arrangements for a ride home with a sober driver.

NHTSA’s new statistical report on 2007 alcohol-related fatalities is drawn from the agency’s Fatality Analysis Reporting System (FARS)

Sunday, August 17, 2008

PA DUI statistics

Pennsylvania's alcohol-related fatalities were highest in 1982, with 1,048, dropped for a few years and then increased to nearly the same level in both 1986 and 1987. The percentage of traffic fatalities that were alcohol related was also highest in 1982, with 58%, and steadily dropped, reaching its lowest level in 2006, with 37%. In the most recent year reported, out of all traffic fatalities, 32% involved a blood alcohol concentration (BAC) of 0.08 or higher, down from 52% in 1982.

Year Fatalities Tot Alc-Rel % 0.08+ %
1982 1,819 1,048 58 942 52
1983 1,721 980 57 898 52
1984 1,727 934 54 840 49
1985 1,771 961 54 857 48
1986 1,894 1,042 55 923 49
1987 1,987 1,042 52 939 47
1988 1,931 935 48 844 44
1989 1,877 981 52 882 47
1990 1,646 846 51 752 46
1991 1,661 807 49 720 43
1992 1,545 729 47 644 42
1993 1,529 700 46 628 41
1994 1,441 612 42 541 38
1995 1,480 619 42 546 37
1996 1,469 588 40 532 36
1997 1,557 626 40 562 36
1998 1,481 642 43 573 39
1999 1,549 618 40 538 35
2000 1,520 647 43 582 38
2001 1,532 646 42 566 37
2002 1,614 649 40 556 34
2003 1,577 618 39 542 34
2004 1,490 614 41 541 36
2005 1,616 636 39 559 35
2006 1,517 556 37 487 32

The table above shows the total number of traffic fatalities (Tot) for the Pennsylvania, alcohol related fatalities (Alc-Rel) and fatalities in crashes where the highest BAC in the crash was 0.08 or above (0.08+).
It is important to note that the Pennsylvania drunk driving statistics, as shown above, include data from individuals who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or bicyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value."

The fatality rates shown above refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.

All 50 states in the US now apply two statutory offenses to driving under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating [a motor vehicle] while intoxicated/impaired (OWI). This is based upon a police officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)
The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

Criminal status of DUI laws in Pennsylvania
In Pennsylvania, 1st or 2nd offenses are 2nd degree misdemeanors, 3rd or subsequent offenses are 1st degree misdemeanors. Citation:18 § 1104(1) & (2) & 75 §3731(e)(1) (2)
Sources for Pennsylvania drunk driving information and statistics
US Dept. of Transportation, National Highway Traffic Safety Administration, 12/02(2) National Conference of State Legislatures, 2004

Tuesday, May 27, 2008

DUI Offender Ordered to Carry Photo of Victim

It's the busy time of year for DUI attorneys, people seem to be getting them left and right and my phone hasn't stopped ringing. Good for me, bad for them. Over all it is sad though, I just wanted to share a penalty that was handed down to a drunk driver in PA in 2002. The drunk driver actually killed a young girl and was ordered to carry a picture of the victim in his wallet. His lawyer objected to that portion of the punishment but was over ruled. The judge decided to allow this being it was requested by the victims family. This punishment has always stuck in my mind for some reason and I wanted to share the story with everyone.