Chan & Associates
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criminal defense Archives

I've been charged with DUI...what now?

The Pennsylvania DUI statute, 75 Pa.C.S. Section 3802, defines driving under the influence of alcohol as driving, operating, or being in actual physical control of the movement of a vehicle after imbiding a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating, or being in actual physical control of a vehicle.  This is called "general impairment."

Good Samaritan Law protects people trying to help

The plan worked too perfectly. Your friends got together on a Friday night for a house party. You drank beer, played games and everyone you invited showed up. Then, some people you didn't know came, and they were offering more than just alcohol to your guests. Your friend goes into a room and comes out later acting differently. You leave to talk to other guests, and then come to find him later passed out and unresponsive. What do you do?

New Option for Drivers Convicted of DUI in Pennsylvania

Being convicted of a Driving Under the Influence of Alcohol or Controlled Substances charge in Pennsylvania comes with many negative consequences:  a criminal record, hefty fines and court costs, and a suspension of your operating privileges.  In May 2016, Governor Tom Wolf signed a bill that will provide a little bit more fleixibility for those individuals convicted of a 1st DUI offense.

Pennsylvania's new "Expungement" Law

On November 14, 2016, a new law took effect in Pennsylvania important to the area of Criminal Defense, allowing individuals with certain offenses in their criminal history to have their criminal records sealed. Under this new law, if an individual is eligible and the proper steps are followed, that person can obtain a Court Order stating that his or her criminal record is sealed, and can only be accessed for limited purposes. Those limited purposes are access by criminal justice agencies and government agencies, such as state licensing boards. Governor Tom Wolf signed this bill into law in February of 2016, with the intent that individuals who have minor criminal offenses on their record would no longer have to worry about those charges coming up when applying for a job, a loan, or housing.

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