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10-05-2009, 09:05 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | | First time dui
What is the name of your state (only U.S. law)? PA
Week ago Sunday night was pulled over by state cop. He never told me what i was being pulled over for, just asked for license and registration and then asked where i had been and if I had been drinking. Took fst which was told were failed because I failed to count during the heel-to-toe. Refute this, as I did count. Taken to hospital for blood test, still waiting for something in the mail. Wondering how long it takes to receive notification in the mail in PA. Prior to taking blood test at the hospital, asked the officer what I would get if I tested below the legal limit. He told me just a speeding ticket, is he being truthful in this as I've read other posts on this site saying you get a notification for trial date in the mail. |
10-05-2009, 09:57 PM
| | Member | | Join Date: Feb 2009
Posts: 92
| | | If you're being charged with a DUI in PA it could take anywhere between 2 to 6 weeks to get anything in the mail. That is the normal window, it could take longer. If you are below .08 the DA could still decide to charge you with a DUI based on the officers observation and testimony. If this is your first offense and you are charged, be sure to at least consult (if not hire) an attorney and request ARD. It's deferred adjudication and the charges will be dismissed with the chance to get your record expunged after you complete the terms of ARD successfully. Be prepared to drop around ~$2500 + attorney's fees for this one. Best of luck! Please don't drink and drive again. |
10-05-2009, 10:49 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | | The cop came up from behind me on the highway at night, i was speeding but he continued to follow me in my blindspot for at least 2 miles until he finally pulled up next to me where I could make out that it was a police car. I immediately slowed down to 60 and when I exited the highway he pulled me over. I had 2 drinks on a full stomach half an hour prior to being pulled over, was not driving recklessly other than being over the speed limit. He made me take the FST on the off ramp of the highway which is sloped. I did not feel impaired while driving, based on any of this and if my BAC was well below .08 would I have a chance of winning in court? I came across another website that if the DA feels they won't get the DUI conviction that you can get a conviction for reckless driving instead of DUI, is that possible in PA? |
10-05-2009, 11:35 PM
| | Member | | Join Date: Aug 2009
Posts: 646
| | | What you feel about your actions is irrelevant. What counts is the officer's observations of your actions and how you performed on the field sobriety tests. You cannot be objective about how you did. |
10-06-2009, 09:02 AM
| | Member | | Join Date: Aug 2008
Posts: 206
| | | If your BAC comes back lower than 0.08, that will help your situation. You may still be charged with DUI based on the FST, but you might have some wiggle room as far as making a deal. But don't be surprised if your BAC comes back over the limit. If it does, request ARD. It can be done without a lawyer, if you stay on top of everything that is required. |
10-06-2009, 01:01 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | | Thanks for the replies, can I take the cop on his word about just receiving a speeding ticket if I'm under .08 or have I been thrown into the system and the guy was basically lying to me? Is it his decision to go forward with the dui or is it out of his hands? Also, does the county you were pulled over in determine where you would go to court? |
10-30-2009, 08:22 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | | Just received in the mail today a speeding ticket and fine for not wearing a selt belt from the night I was pulled over, am I in the clear in terms of a dui? Could another letter be coming seperately for that? |
10-30-2009, 08:29 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,271
| | | You betcha... a lot of PA jurisdictions run two months or so on "misdemeanor or in the mail. If you get a certified letter you'll know what it is.
__________________
I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
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10-31-2009, 10:32 AM
| | Member | | Join Date: Feb 2009
Posts: 92
| | | I would say you're probably 80% in the clear. Most of the time in PA the lesser charges are dropped in favor of the DUI. I received my notice approximately 3 weeks after that I was being charged. The original cause for the stop (high beams) wasn't even mentioned in the list of charges. It may still be coming, but probably not. |
11-02-2009, 04:47 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | Quote:
Originally Posted by Taper420  I would say you're probably 80% in the clear. Most of the time in PA the lesser charges are dropped in favor of the DUI. I received my notice approximately 3 weeks after that I was being charged. The original cause for the stop (high beams) wasn't even mentioned in the list of charges. It may still be coming, but probably not. | Thanks for the info, I'm planning to fight the speeding ticket, will any part of the dui be brought up in the speeding case? I also had to pay $135 for the car to be towed, can you sue to get that money back if there is no dui charge? |
11-02-2009, 05:20 PM
| | Member | | Join Date: Jul 2008
Posts: 104
| | Quote:
Originally Posted by benson145 I also had to pay $135 for the car to be towed, can you sue to get that money back if there is no dui charge? | I would stop while I was ahead. Apparently the officer had probable cause to stop you and you failed the fst. It is most likely a case of the DA deciding not to pursue prosecution. |
11-05-2009, 12:58 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | Quote:
Originally Posted by lenny71 I would stop while I was ahead. Apparently the officer had probable cause to stop you and you failed the fst. It is most likely a case of the DA deciding not to pursue prosecution. | Yeah, failed with extentuating circumstances of doing a balance test on a sloped off-ramp of a highway. Is there any recourse for getting the tow money back? |
11-05-2009, 03:10 PM
| | Member | | Join Date: Feb 2009
Posts: 92
| | Quote:
Originally Posted by benson145 Thanks for the info, I'm planning to fight the speeding ticket, will any part of the dui be brought up in the speeding case? I also had to pay $135 for the car to be towed, can you sue to get that money back if there is no dui charge? | You're an idiot. Quit while you're ahead and swallow the $300 for towing and speeding. Way cheaper than 3 grand and a record.  |
11-05-2009, 05:16 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 7
| | Quote:
Originally Posted by Taper420 You're an idiot. Quit while you're ahead and swallow the $300 for towing and speeding. Way cheaper than 3 grand and a record. | Just cause you took it up the ass doesn't mean others have to. |
11-06-2009, 01:22 AM
| | Member | | Join Date: Jul 2008
Posts: 104
| | Quote:
Originally Posted by benson145 Just cause you took it up the ass doesn't mean others have to. | the towing fee-
Sure, you can sue the police department. First of all that would require you to hire an attorney (they cost more then $135). Second, you would have to show they towed your car without cause. That would be by far the biggest hurdle.
Fighting the speeding ticket is up to you.
Last edited by lenny71; 11-06-2009 at 01:26 AM.
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