CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

Frequently Asked Drunk Driving Questions

  1. What signs do police look for when seeking out intoxicated drivers on the roadways?
  2. If a police officer pulls you over and asks if you have been drinking, what should I say?
  3. What physical symptoms will an officer look for after he pulls me over?
  4. Do I have a right to refuse to take a field sobriety test?
  5. Do I have a right to an attorney while taking a field sobriety test?
  6. Do I have a right to refuse to take a chemical test?
  7. Can I choose which chemical test I wish to take?
  8. Can I get my case dismissed if the police do not give me my Miranda rights?
  9. What action can I take if I believe that the police officer did not have the right to pull me over in the first place?
  10. If I see a DUI checkpoint down the road, can I be arrested for avoiding it by turning around?
  11. If my driver’s license is suspended in Pennsylvania, can I still drive in Pennsylvania if I have a driver’s license from another state?
  12. If I am convicted of DUI and lose my license, is it possible for me to get a license to go to and from work?
  13. Can I still be convicted of DUI if I have not consumed alcohol but I have taken prescription medication?
  14. Am I allowed to represent myself in my DUI case?
  15. Why is it worth it for me to retain an experienced attorney to represent me?

What signs do police look for when seeking out intoxicated drivers on the roadways?

There are a variety of signs that the police look for in identifying possible intoxicated drivers. These include evidence of erratic driving such as not maintaining a proper lane of travel, swerving within the lane, disobeying traffic control devices such as stop signs, driving at an excessively low speed, as well as speeding. Police are even more focused on these types of indicators during the late evening and early morning hours when intoxicated drivers are more likely to be out on the road. The police also have the ability to follow a vehicle and check whether the operator has prior vehicle violations through a quick computer check.

If a police officer pulls you over and asks if you have been drinking, what should I say?

Generally the police officer can tell if you have consumed alcoholic beverages. Therefore, it is best to be cooperative with the officer in all respects. If you have eaten a meal and/or have not consumed any alcoholic beverage for some time, you should inform the officer of that fact.

What physical symptoms will an officer look for after he pulls me over?

The police officer will be observing your general demeanor, ability to answer questions, manner of speech, as well as any other relevant signs such as blood shot eyes, inability to locate license and registration, or abnormal behavior.

Do I have a right to refuse to take a field sobriety test?

Yes. There is no penalty for refusing to take field sobriety tests unlike a refusal to take a chemical test upon request. However, the police officer will certainly view your refusal as evidence of your intoxication, which will be a factor in his or her decision to make an arrest. It should be noted that the lack of field sobriety test results would be an important piece of evidence missing in the Commonwealth’s subsequent DUI prosecution if an arrest is made.

Do I have a right to an attorney while taking a field sobriety test?

No. There is no right to speak to an attorney prior to deciding whether or not to take field sobriety tests.

Do I have a right to refuse to take a chemical test?

Yes, however, under the implied consent law in the State of Pennsylvania you will lose your license for a period of one year if you refuse to take a chemical test where the officer has reasonable cause to believe you were driving while under the influence. It should be noted that the lack of a chemical test result would be an important piece of evidence missing in the Commonwealth’s subsequent DUI prosecution if an arrest is made.

Can I choose which chemical test I wish to take?

No. The police officer has the absolute discretion regarding which test he or she wishes to administer to an operator suspected to be driving under the influence of alcohol.

Can I get my case dismissed if the police do not give me my Miranda rights?

No. A common misconception is that the failure by the police to administer Miranda rights to a suspect under arrest is a major police mistake which can warrant dismissal of the case. This simply is not true as the administering of Miranda rights is only necessary if the police intend to interrogate/question the subject while under arrest. Normally, this situation does not arise in DUI cases as any police questioning usually occurs pre-arrest and not post-arrest.

What action can I take if I believe that the police officer did not have the right to pull me over in the first place?

First, hire an experienced criminal DUI attorney who will be able to analyze the facts of your case and determine whether you have a legitimate basis to seek suppression of any and all evidence arising from the alleged illegal police motor vehicle stop. A police officer must have a reasonable basis to believe the operator has violated a provision of the Pennsylvania Motor Vehicle Code or probable cause that the operator is driving under the influence of alcohol or a controlled substance, in order for the motor vehicle stop to be Constitutional. A Motion to Suppress Evidence filed in the Court of Common Pleas will necessitate a hearing before a judge in which the Commonwealth will have to demonstrate that the motor vehicle stop of the operator was lawful, if not any and all evidence including the police officer’s observations, field sobriety test results, and chemical test results will not be admissible in Court. This generally will result in a dismissal of all charges.

If I see a DUI checkpoint down the road, can I be arrested for avoiding it by turning around?

This depends on the circumstances and whether the operator exhibits any indicia of driving under the influence, as well as the timing and manner of the operator’s attempt to avoid the DUI checkpoint.

If my driver’s license is suspended in Pennsylvania, can I still drive in Pennsylvania if I have a driver’s license from another state?

No. It is the privilege to operate a motor vehicle in the State of Pennsylvania which is suspended when the Department of Transportation orders that a motorist’s license shall be suspended. Accordingly, the possession of a valid license from another State does not give the operator a lawful ability to drive in Pennsylvania while his or her privileges are suspended.

If I am convicted of DUI and lose my license, is it possible for me to get a license to go to and from work?

Possibly. In the State of Pennsylvania there are limited circumstances in which a motorist who has lost his or her license due to a DUI conviction may obtain a “conditional or work license” to travel to and from work. This includes a first offense DUI conviction where the motorist loses their driver’s privileges for a period of twelve months, but may after sixty days apply for a “conditional or work license” with the Pennsylvania Department of Transportation by filing the necessary application.

Can I still be convicted of DUI if I have not consumed alcohol but I have taken prescription medication?

13) Yes. If the facts in your case can be proven to demonstrate that you were operating a vehicle while under the influence of a controlled substance which impaired your ability to drive safely, then having a lawful prescription for the controlled substance is not a defense.

Am I allowed to represent myself in my DUI case?

14) Yes. However, as Abraham Lincoln once stated a long time ago “you will have a fool for a lawyer.”

Why is it worth it for me to retain an experienced attorney to represent me?

15) DUI is a very serious offense in which the penalties include jail time, lengthy driver’s license suspension, expensive fines and costs, as well as a possible criminal conviction which can affect future employment opportunities. Therefore, it is wise investment to obtain the best possible legal counsel to analyze your case and properly protect your interests. The ultimate outcome in your case may likely depend on the level of experience, skill, and reputation of the attorney you retain to represent you.

Unmatched Track
Record of Big Wins

Read Track Records Here