PA DUI-DWI-DAI (drunk driving) procedure…
Nov 30th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving)Obviously, every DUI-DWI-DAI suspect wherever they have been charged wants to know what the procedure will be like. Without explaining the whole Pennsylvania DUI-DWI-DAI process in a blog entry, we have attached this handy PA DUI-DWI-DAI flow chart. This chart runs you through the steps in the legal process in Pennsylvania from a DUI-DAI-DWI arrest through sentencing and treatment programs.
We request that all of our PA DUI-DWI-DAI clients review this chart before we meet with them in person. At our initial meeting, we will explain the entire process in detail and inform you as to what you should expect from start to finish.
If you have any specific questions, or you are just doing some preliminary PA DUI-DWI-DAI research, I will be happy to address specific questions in the “comments” section of this blog entry.
See PA DUI-DWI-DAI flow chart here: DUI-DWI-DAI Flow Chart.pdf
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
i find it intresting you mention, arRest, sentencing , and treatment, but failed to mention the TRIAL.
Also, the flow chart, i just looked at it, under the box for trial and sentencing, the words “or aquittal” should be in that box, no?
I was recently watching the news about the Redskins football player, Sean Taylor, who was shot and killed in his home last week…..
Appearantly a few years ago he was arrested for DUI in Florida , and he was aquitted of the charges, after only 5 months time elapsing from arrest to aquittal.
I understand or assume he had money to hire the best lawyer, and got the right lawyer, who was able to win a trial.
Aquitals must be part of the DUI process in every State, including PA and NJ.
Defandants must be allowed to force the State to present its evidence in Court, and prove the case beyond a reasonable doubt, wheather the defnadant has a defense or not.
Am I so wrong about this?
Jim I did not personally create this chart I am just sharing it with people.
I understand, but whomever made the chart is appearantly biased against the US Constitution and the right of defendants.
Aquittal after trial does happen, and can happen, and should be part of the chart, as sentencing is.
Do you think I will ever get a DUI trial in Old Bridge Township NJ?
It has been 27 months since my arrest and my rights are definitivley being violated bigtime in regards to the NJ Supreme Court Chun Order of Jan 10, 2006, that ordered all alcotest dui cases to proceed to trial, and ordered as well an alternate finding of guolt be made where possible.
To me that means, I should have had a trial long ago, and with a trial, if no alternate finding of guilt is made, but was possible to be made, with a trial, I could havge had an aquittal long time ago.
My rights of Due process, speedy trial, and my rights in conjunction with the NJ SUPREME COURT ORDER, HAVE ALL BEEN VIOLATED!!!!
Why did they do this to me?
Why cant I just have a trial?
Jim:
As you know the rules of this blog include not stating the names specific plaintiffs, defendants, attorneys, or judges.
You have repeatedly attempted to break these rules. I will not waste my time sensoring your blog enteries if they do not follow these simple rules. You are allowed to freely post your comments and thoughts if you follow the rules.
Please do not test my patience.
I did not know those were the rules.
You yourself have mentioned defendant Chun a few times on here.
I do no want to test your patience.
I wanted you to know who my attorney was and how he stole my money.
There are plenty of other website blogs where I can talk about him by name , and even in New Jersey chat rooms, and other types of sites.
I am not afraid of this attorney who did nothing in my case for over 2 years, while he sat back and watched my rights to due process, speedy trial, and my rights in conjunction with the Chun Order, all be trampled on by the State and the Court.
Here are my points with no names included.
If you just stand back and think about it a while, you will see I have very very good points on my side.
27 months and counting for a run of the mill first offense DUI trial is way too long.
11 appearances and counting is way too many
1) NJ Supreme Court ordered all the alotest dui cases to proceed to trial on Jan 10, 2006- order stands to this day
2) Neither the State, nor the Muncipal Court, nor defense attorenys can overide a Supreme Court Order
3)The NJ Supreme Court Ordered an “alternate finding of guilt” be made upon a finding of guilt.
The State by not giving me a trial is not only ignoring the Order to “proceed to trial”, but has also taken away my rights to the alternate finding of guilt having to be made in cases where possibe. A trial would make it possible, and if after a trial no alternate finding of guilt is made, I must be aquitted.
4)I have made 11 pappearances, the first ten appearances over 698 days being sent home being told by my attorney or associates that the State has failed to complete discovery
5)I was told by my attorney that this Township NJ Court does not trial cases
6) I was told by my attorney that the reason for discovery not being completed was prosectutor laziness
7) my attorney did nothing to protect my rights as to due process, speedy trail, or the NJ Supreme Court order.
9)my attorney refused to communicate with me or answer general and spefic questions regarding DUI
10) The prosecutor of the Court threatened to have defendants shot in court if they approached the bench to talk to the Judge about the case – In general, he said it to every defendant after roll call on 2 occasions.
11) my attorney refused to investigate the other town officer who questuioned my 5 minutes earlier in front of a residence and let me drive off, not smelling alcohol, or thinking I was drunk
12) my attorney asked for a miranda hearing on Oct 3, 2005, and never got one, and never followed up on it.
13) my attorney never followed up on video tape discovery, … and at our one metting on the case in sept of 2007, said there is no video tape,then said there was 2 minutes later, but I never saw it and we never got it in doscivery,
Another Due Process issue here as the disvocery request needed to be answered to in writting by the prosecutor
14) The Video tape will show me working on and fixing the Alcotest machine, although I am not a certified alcotest operator.
never investigated by my attorney
15) my attorney has about 5 or more cases of DUI in this court and has not trialed any of them , still pending… he is at least in part responsible for the State and Court viloating many defndants rights!
16)my attorney took my 4000 plus dollars and did nothing to represent me, my scopes, my objectives,
17) The State of New Jersey has failed to offer me my rights to due procees, speedy trial, or the NJ Supreme Court Order of Jan, 10 2006.
Are these not good points?
Why have I been treated so poorly for a first offense case of DUI, the lowest level, no criminaL RECORD, OR ANYHTING LIKE THAT.
I really hope eventually some NJ Court can explain all this to me.
MR SAILE, HAVNT MY RIGHTS ALREADY BEEN VIOLATED AS TO THE CHUN ORDER, SPECIFICALY, THE STATE OF NJ NOT OBEYING IT?