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Norristown PA Driving After Imbibing
Lawyer |
There is no question that drunk driving,
now referred to in Pennsylvania as “Driving After Imbibing”
is a serious criminal offense in the Commonwealth of Pennsylvania.
In recent years the Pennsylvania Legislature enacted new DUI
sentencing laws resulting in more lengthy mandatory jail sentences
and drivers license suspensions for individuals convicted
of this offense. Mr. McMahon has a long and well-documented
record of successfully defending clients facing lengthy jail
sentences for DUI throughout the Commonwealth of Pennsylvania
by securing many not guilty jury trial verdicts. In his initial
legal analysis of a drunk driving case, Mr. McMahon utilizes
a four-pronged focus of analysis:
1) evidence of unsafe driving
2) legality of the initial police vehicle stop
3) reliability of field tests
4) admissibility of chemical testing results
The successful defense of a drunk driving case is dependent
upon the correct identification and employment of the best
defensive strategy based on this careful analysis.
Mr. McMahon’s results speak for themselves.
ACCELERATED REHABILITATIVE DISPOSITION
An individual charged with a first-offense “Driving Under the Influence” now referred to as “Driving After Imbibing” may be eligible for the A.R.D. Program. This program is an excellent alternative outcome for persons charged with “Driving While Imbibing” for the following reasons:
1) no jail time
2) no criminal conviction, and
3) minimal license suspension
There are certain prerequisites for admissibility into the A.R.D. Program which must be requested by defense counsel through a formal application at or after the preliminary hearing stage. These prerequisites include:
1) no accident involving serious injuries
2) no prior criminal convictions
3) no prior A.R.D. dispositions within ten years
4) no aggravating circumstances in defendant’s interaction with
the police
A great advantage of the A.R.D. Program is that the Driving After Imbibing arrest and all police and court records related thereto may be ordered by the Court to be expunged and destroyed upon the filing by defense counsel and Court’s granting of a Motion to Expunge.
In summary, statistically the vast majority of persons arrested by the police in the Commonwealth of Pennsylvania are arrested for the offense of Driving After Imbibing. Based on the serious penalties for this offense and license suspension, anyone charged with Driving After Imbibing should retain experienced and aggressive legal counsel. The track record of McMahon & McMahon in representing clients charged with this serious offense speaks for itself, whether in vigorously defending the client in a jury trial or negotiating an A.R.D. disposition.
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