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Contact Us
Contact our office today to set up an appointment to discuss your case at a free, no-risk initial consultation. We can be reached in the following ways:
Phone: (717) 848-8455
Fax: (717) 848-8499
Email: jng@gvafirm.com
Mail:
Gothie... |
DUI Defense
If you have been arrested for DUI, the first thing you should do is to call an attorney to discuss your case. You can reach attorney Joseph N. Gothie at (717) 848-8455 to set up a free, no-risk consultation to discuss your case. If you would like to... |
FAQ for DUI in York
Frequently Asked Questions (FAQ) related to DUI cases in Pennsylvania, and York County in particular.
... |
Arrested - What now?
The articles in this section discuss what to do if you are arrested for DUI in York County, Pennsylvania.
... |
Penalties for DUI
Penalties for DUI
You should start with "PA DUI Penalties - Overview" then move to the section that most accurately describes your particular facts. Because of the complexity of the DUI law and the many options for sentencing as well as the... |
Do I need a lawyer?
Do I need a lawyer?
:: Explanatory Note -- The questions listed
below discuss some of the benefits of hiring an attorney to represent you in a DUI case in York, PA. Each case is different, and this website does not replace the need
for an... |
License suspensions
License suspensions associated with DUI cases involve a variety of questions. This category deals with license suspension issues, discussing common scenarios and answers to common questions.
... |
Defenses to DUI
Defenses to DUI
:: Explanatory Note -- The questions listed
below discuss what the defenses may typically exist for a DUI case. Each case is different, and this website does not replace the need
for an attorney's advice. This website does not... |
License suspensions
License suspensions associated with DUI cases involve a variety of questions. This category deals with license suspension issues, discussing common scenarios and answers to common questions.
... |
Bread and butter license
The Occupational Limited License (an "OLL") (also known informally as a "bread and butter" license) is sometimes available to DUI offenders. Since one of the most significant penalties for DUI is the loss of license, an OLL is generally... |
Driving while under suspension for DUI
If you receive a license suspension for DUI, you face serious penalties if you are caught driving during the suspension period. 75 Pa.C.S.A. Section 1543 deals with Driving Under Suspension ("DUS"). DUI-related DUS cases require a mandatory... |
License suspensions - overview
Driver's license suspension is almost always imposed in DUI cases. A limited number of cases, such as first offense, first tier cases, do not require a license suspension. A general overview of basic issues is shown below. If you have a more specific... |
Arrested - What now?
The articles in this section discuss what to do if you are arrested for DUI in York County, Pennsylvania.
... |
Court Reporting Network (CRN)
If you are arrested for a DUI in York County, you will need to complete a Court Reporting Network ("CRN" - pronounced locally as a "crin") evaluation. A CRN costs $50.00, and you will receive a list of CRN providers from the District Court... |
Timeline for a DUI
A timeline for a DUI case in York County is not one that is set in stone. You can take steps to either drag out the resolution of your DUI case or you can move it along faster. This can be useful for someone accused of DUI. There are a lot of reasons... |
What to do if stopped for DUI
This section applies to many DUI situations in York County, Pennsylvania. It is not a substitute for individualized legal advice. Your situation may be different.
If you have been stopped by an officer and you have been drinking and you are driving,... |
I have been arrested for DUI -- now what?
Once you have been arrested for DUI, you are put onto a criminal justice assembly line. The process is intensely unpleasant and it is dehumanizing. There is simply no other way to put it. In all likelihood, even if you are innocent or even if your rights... |
Meeting with your attorney
When you meet with Joseph N. Gothie, Esq., or another attorney at Gothie Van Allen LLC, for your free, no-risk consultation, you should bring the following paperwork:
Your current driver's license
All paperwork you have received from the... |
Fight it, plea, or ARD?
After you have met with your attorney for the first time, you will need to decide whether to fight the DUI charge, enter a guilty plea, or apply for ARD. Normally, it is pretty clear after an initial consultation which option makes the most sense. Sometimes,... |
Defenses to DUI
Defenses to DUI
:: Explanatory Note -- The questions listed
below discuss what the defenses may typically exist for a DUI case. Each case is different, and this website does not replace the need
for an attorney's advice. This website does not... |
Defenses - overview
Defenses to DUI are often difficult to pursue. Police officers in York County are highly trained, and they make a lot of DUI arrests each year. Chances are, the officer involved in your case has been through dozens of DUI arrests, if not more. To the... |
Defective BAC test
Defects with the BAC test can be possible defenses in a DUI case. Swabbing the area where blood is drawn with alcohol is a significant problem. The "two hour rule" is essentially a "bad test" special issue in that the problem with... |
Necessity
Necessity is a specialized DUI defense, although very rare. Essentially, the argument is that someone, knowing that they are intoxicated, has no real choice but to drive. An example of a possible necessity case might be where two people are hunting... |
Involuntary intoxication
Involuntary intoxication can be a defense to a DUI charge. A classic example would be where a woman is drugged without her knowledge or consent with "date rape drugs" like GHB or Rohypnol. A conventional involuntary intoxication defense, such... |
Two hour rule
Sometimes, for some reason, an officer may arrest and charge someone for DUI where it is impossible or difficult to prove that the driver was in control of the vehicle within two hours of driving. This occurs sometimes where there is a single car accident... |
Illegal stop
The most common defense to a DUI case is that the stop was illegal. Individuals in the Commonwealth are protected from being stopped illegally by police by the Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the Pennsylvania Constitution... |
Penalties for DUI
Penalties for DUI
You should start with "PA DUI Penalties - Overview" then move to the section that most accurately describes your particular facts. Because of the complexity of the DUI law and the many options for sentencing as well as the... |
License suspension
Driver's license suspension is almost always imposed in DUI cases. A limited number of cases, such as first offense, first tier cases, do not require a license suspension. For more details on license suspension issues, check this section of this website... |
PA DUI Penalties - Overview
Penalties for DUI in Pennsylvania fall into three major categories (called "tiers"), depending on the Blood Alcohol Content ("BAC") that it determined when a driver is tested for alcohol. There are also situations where a BAC test... |
Tier 1: BAC .08 - .099
The penalties you may face for a DUI in Pennsylvania where your Blood Alcohol Content ("BAC") is .08 or higher up to, but not including .10 are as follows, depending on how many offenses you have had in the prior ten years:
No... |
Tier 2: BAC .10 - .1599
The penalties you may face for a DUI in Pennsylvania where your Blood
Alcohol Content ("BAC") is .10 or higher up to, but not including .1599
are as follows, depending on how may offenses you have had in the prior
ten years:
... |
Tier 3: BAC .16 - higher
The penalties you may face for a DUI in Pennsylvania where your Blood
Alcohol Content ("BAC") is .16 or higher
are as follows, depending on how may offenses you have had in the prior
ten years:
No prior DUI offenses
... |
Refusal cases
In York County, PA, when you refuse chemical testing (typically a blood test at a local hospital,such as Memorial Hospital or York Hospital), you are subject to increased penalties. Notably, you cannot be charged for refusing a Preliminary Breath Test,... |
Drugs found in blood during chemical testing
If you are under the influence of a controlled substance when you are driving, you may be charged under 75 Pa.C.S.A. Section 3802(d). This section of the statute is supposed to deal with "driving while high" although a lot of other conduct... |
Minor (under 21 years old)
A "minor" under Pennsylvania's DUI statute is anyone under 21 years of age. Essentially, if you are a "minor" for drinking age purposes, you are a minor under the DUI law. This is laid out in section 3801 of the statute.
Minors... |
Commercial Driver
Drivers of commercial vehicles and school bus drivers are even more restricted than drivers of ordinary vehicles under the current PA DUI law. School bus drivers cannot test at .02 or higher, and commercial vehicle drivers cannot test .04 or higher.... |
Do I need a lawyer?
Do I need a lawyer?
:: Explanatory Note -- The questions listed
below discuss some of the benefits of hiring an attorney to represent you in a DUI case in York, PA. Each case is different, and this website does not replace the need
for an... |
Do I need a lawyer?
"I got arrested for DUI - do I really need a lawyer?"
The short, honest answer to that question is "No, you do not need a lawyer." You are certainly free to go to court on the appointed dates and times and plead guilty... |
FAQ for ARD in York
Some frequently asked questions about ARD (Accelerated Rehabilitative Disposition) are listed below. Click on the link for answers to the questions. You may also call Gothie Van Allen LLC at (717) 848-8455 to set up a free, no-risk consultation with an attorney... |
ARD for DUI cases
ARD is "Accelerated Rehabilitative Disposition." It is for first-time offenders and others who have not committed an offense in the last ten years. In DUI cases, it can help you to avoid jail time and get either no license suspension or a much... |
ARD for non-DUI cases
ARD is "Accelerated Rehabilitative Disposition." It is available to first-time offenders for some non-violent crimes. It helps you to avoid a criminal conviction and is generally a better option than a straight guilty plea or a conviction following... |
ARD for non-DUI criminal cases
ARD is "Accelerated Rehabilitative Disposition." It is available to first-time offenders for some non-violent crimes. It helps you to avoid a criminal conviction and is generally a better option than a straight guilty plea or a conviction following... |
What if I mess up while on ARD?
If you violate the terms of the ARD program (and get caught at it) while you are under ARD supervision, you may receive a notice that you have to attend a hearing to decide whether you can stay in ARD or whether you should be removed from the program... |
Standard rules for all ARD participants
There are standard rules (terms and conditions) that all ARD applicants must follow while participating in the ARD program in York County, Pennsylvania. There may be some rules that will be imposed in a specific case (such as a letter of apology to... |
ARD for DUI cases
ARD is "Accelerated Rehabilitative Disposition." It is for first-time offenders and others who have not committed an offense in the last ten years. In DUI cases, it can help you to avoid jail time and get either no license suspension or a much... |
ARD and DUI - overview
ARD is "Accelerated Rehabilitative Disposition." It is a program that has big benefits for anyone charged with DUI. If there is no defense to your DUI charge or if the defense is weak, you will probably want to get into the ARD program. Why?
... |
Am I eligible for ARD? (DUI)
Generally, you are eligible for the ARD program in York County for a DUI case if you meet the following criteria:
The DUI offense is the first one you have had in the last ten years, and
You have not had any other misdemeanor or felony offenses... |
Requirements for people on ARD in DUI cases
For a DUI case that gets into ARD, you will generally need to comply with the standard rules for all ARD cases, as well as certain DUI-specific rules. The DUI-specific rules are as follows:
Complete 35 hours of community service within four months... |
Can I shorten ARD for my DUI case?
Yes, you sometimes can shorten the time you spend on probation in ARD for a DUI case. For example, if you have to spend 12 months under probationary supervision for your DUI, you can possibly shorten it to six months if you complete all of your
DUI... |
Criminal Defense
If you are being investigated by the police or if you have been arrested for any criminal charge, the first thing you should do is
to stop talking to the police. Immediately. Next, you should call an attorney to discuss your case.
You can reach... |
FAQ for Criminal Law
Below are some questions and answers about general criminal law issues in York County Pennsylvania. This website does not create an attorney-client relationship. If you have specific questions about your case, please call one of the attorneys at Gothie... |
Police investigations
Before you are arrested, you may be the target of a police investigation. You may not know it at the time. The articles in this section discuss dealing with police prior to an arrest.
... |
Arrest and booking
The articles in this section deal with arrest and the procedures that follow very quickly after arrest, such as booking, preliminary arraignment, setting of bail, etc.
... |
Preliminary hearing
The articles in this section deal with the preliminary hearing and how it impacts your criminal case.
... |
Arraignment
This section deals with formal arraignment and some of the issues that start with arraignment, such as the right to request pretrial discovery, file pretrial motions, etc.
... |
Pretrial proceedings
You have rights to certain procedural protections prior to trial. The articles in this section deal with your rights to discovery, your ability to file to suppress evidence, your right to file pretrial motions, and more.
... |
Pretrial conference
The articles in this section explain pretrial conferences in York County. Generally, most cases are resolved at pretrial conference, typically with a negotiated plea. If the case cannot be resolved at this time, it will generally be listed for trial,... |
Trial
Criminal trials are a vast topic that cannot be covered in full in a limited website such as this. The articles in this section give a broad overview of some basic information about criminal trials for "road map" purposes.
... |
Sentencing
Following trial, sentence will be imposed if a verdict of guilty is returned by the jury. This section discusses some basic issues involved with sentencing, including the Pennsylvania sentencing guidelines as well as what can be done at sentencing on... |
Appeals
The items in this section deal with post-trial/post-sentence motions and general information about appeals.
... |
Police investigations
Before you are arrested, you may be the target of a police investigation. You may not know it at the time. The articles in this section discuss dealing with police prior to an arrest.
... |
A cop wants to talk to me - what do I do?
The United States Constitution, the Bill of Rights and subsequent court decisions impose many rules regarding law enforcement and it is very important that the police follow them to respect our rights as individuals. However we as citizens also rely... |
I've been stopped by the cops - now what?
At times police have a reasonable suspicion that criminal activity is taking place. When they do, they can perform an “investigative detention.” Such a detention is not an arrest; it is a stop that subjects you to a brief period of detention... |
The cops didn't read me my rights
The United States Constitution guarantees every citizen the right to remain silent. Under the Fifth Amendment to the Constitution, you cannot be compelled to incriminate yourself. Unfortunately, many suspects in criminal investigations do not exercise this right... |
Search and seizure
The Fourth Amendment to the United States Constitution prohibits “unreasonable” searches and seizures by the government. Article I, Section 8 of the Pennsylvania Constitution may, under some circumstances, provide broader protections against... |
Arrest and booking
The articles in this section deal with arrest and the procedures that follow very quickly after arrest, such as booking, preliminary arraignment, setting of bail, etc.
... |
Line-ups
To establish evidence for the prosecution, police officers have the right to place you with a group of people and ask witnesses to identify anyone they saw at the scene of the crime. You are allowed to request to be represented by your lawyer who will... |
Bail
Another important part of the preliminary arraignment is the setting of bail which can be one of five types:
Release on recognizance (ROR): You are released, conditioned only upon your written agreement to appear. ROR is generally granted only... |
Preliminary arraignment
The next step in the criminal justice process is a court proceeding called the preliminary arraignment when you appear before a District Justice. You receive a copy of the criminal complaint and/or the arrest warrant with the supporting affidavits which... |
Booking
If you are arrested, police are of course allowed to ask questions to establish your identity: your name, address, date of birth and Social Security number. Beyond that, as a general rule it is best to treat law enforcement officers with courtesy but... |
Arrest warrants
You can be arrested with or without an arrest warrant. To get an arrest warrant — permission of a neutral person — the police must apply to the local District Justice and they must support their request with written, sworn affidavits. They... |
Arrest
Arrest is usually the first step in a criminal case and you should be aware of various problems
which can begin immediately. You should of course answer any questions about your identity but
if you voluntarily offer more than that you could be adding... |
Resisting arrest
In a word: don't. You should remember that if you are arrested your behavior toward law enforcement officers can become part of your case. You are better off if you do not struggle or threaten or shout because your attempts to resist arrest might... |
The police roughed me up
Every community should be concerned that the local police enforce laws fairly, working under policies and using procedures which are appropriate to the needs of each case. And common sense tells us that as individuals we should be very careful in situations... |
Probable cause to arrest
The law requires that police have “probable cause” before making an arrest or taking you into custody to face any charge for any crime. Probable cause exists if the officer has reasonably trustworthy information that would lead a reasonable... |
Preliminary hearing
The articles in this section deal with the preliminary hearing and how it impacts your criminal case.
... |
Should I waive my preliminary hearing?
Whether you are charged with DUI or another misdemeanor or felony criminal offense, you should not waive your preliminary hearing without speaking to an attorney. A preliminary hearing gives you and your attorney a chance to find out about the case against you... |
Preliminary hearing - overview
You must appear at the time and day set by the Magisterial District Judge for the preliminary hearing. In this session, the District Justice serves as the first level of our justice system for he/she is the neutral person who must decide whether or... |
The Prima Facie case
The question which the Magisterial District Judge must answer is this: have representatives of the Commonwealth (either a police officer or representatives of the District Attorney’s office) provided enough evidence to make a prima facie case... |
Lawyers at preliminary hearings
Some people think that they do not need to attend a preliminary hearing or that they do not need a lawyer at these early stages of criminal proceedings. It is true that you do not always need a lawyer, but when you can benefit from a free, no-risk consultation,... |
Should I testify at my preliminary hearing?
Defendants should almost never testify in their own behalf at a preliminary hearing. There is little justification for you to reveal your version of the facts since that can forecast your (and your lawyer’s) strategy for the long-term resolution... |
Arraignment
This section deals with formal arraignment and some of the issues that start with arraignment, such as the right to request pretrial discovery, file pretrial motions, etc.
... |
Arraignment - what is it?
At the preliminary hearing, the District Justice gives you written notice of the date, place and time of the arraignment. Arraignment is the point in your criminal prosecution when you appear before the Court to hear the charges alleged by the prosecutor... |
Arraignment's role in criminal cases
Arraignment has significance in that your right to request discovery from the Commonwealth starts with arraignment. You may also request a Bill of Particulars (a more detailed explanation of the charges against you) following arraignment. You also have... |
Arraignment and ARD
In York County, your have thirty days from the date of arraignment to apply for admission into the ARD program. You should not wait that long. As a practice, it is a good idea to file a waiver of arraignment and an ARD application as soon as possible... |
Pretrial proceedings
You have rights to certain procedural protections prior to trial. The articles in this section deal with your rights to discovery, your ability to file to suppress evidence, your right to file pretrial motions, and more.
... |
Pretrial motions
Pre-trial motions in York County are typically handled on the day the trial begins but they must be filed within thirty days of the formal arraignment date. These might include a motion to suppress illegally obtained evidence, motions in limine which... |
Accelerated Rehabilitative Disposition - ARD
Accelerated Rehabilitative Disposition (ARD) is a diversionary program administered by the District Attorney that allows some first-time, non-violent offenders the opportunity to avoid a permanent criminal record. ARD is designed to allow people who... |
Writ of Habeas Corpus
Under our Constitution, you also have the right to seek dismissal of all charges through a petition for a writ of habeas corpus which is a request to a Judge to review the legality of those charges. This requires a motion, possibly a brief, and usually a hearing... |
Discovery
After the arraignment, you are entitled to the material information regarding the criminal case which the prosecutor has. This process of obtaining information about the case is known as “discovery.” Once discovery is complete, you with... |
Charges - modification
The District Attorney’s office has some latitude in deciding what charges to make in your
case; they review the arrest reports, victims’ statements and your prior criminal record. They may
have to wait for laboratory test results or... |
Pretrial conference
The articles in this section explain pretrial conferences in York County. Generally, most cases are resolved at pretrial conference, typically with a negotiated plea. If the case cannot be resolved at this time, it will generally be listed for trial,... |
Plea bargains
By this time you face the crucial decision: whether to plead guilty. As discussed in Offers from the Commonwealth , there is usually some haggling, but not as much as you might expect. It is useful to understand that approximately 98% of criminal cases... |
Offers from the Commonwealth
There is a lot of lore about plea bargains. Almost all of it is wrong. First, you need to understand your prior record score and your offense gravity score before trying to decide if a plea is reasonable. You need to know if any mandatory sentences... |
Pretrial conference
The pre-trial conference is scheduled after the formal arraignment and is conducted by the Judge to whom the case been assigned. At the conference, the Judge is available to discuss pretrial issues with your counsel and the attorney for the Commonwealth... |
Trial
Criminal trials are a vast topic that cannot be covered in full in a limited website such as this. The articles in this section give a broad overview of some basic information about criminal trials for "road map" purposes.
... |
Trial - an overview
Generally, trial procedures include:
The review of issues about evidence to decide what can be admitted or excluded.
The opening statements.
Presentation of the main case with direct examination of prosecution witnesses by the prosecutor... |
Bench trial or jury trial?
Your trial may be a bench trial before a single trial Judge or a jury trial before a jury of twelve citizens and you should consult your attorney about this important decision. You should consider whether the prosecutor would be more likely to convince... |
Jury selection
If you decide on a jury trial, potential jurors are selected from a pool of the registered voters, licensed drivers, and other public data. Through a process called "voir dire" both sides are allowed to ask questions of the prospective jurors... |
Presenting evidence
The Commonwealth representative — the prosecution — has the burden of presenting evidence and must state a prima facie case or risk having the charges against you dismissed. They are required to prove these charges beyond a reasonable doubt... |
Sentencing
Following trial, sentence will be imposed if a verdict of guilty is returned by the jury. This section discusses some basic issues involved with sentencing, including the Pennsylvania sentencing guidelines as well as what can be done at sentencing on... |
Sentencing - overview
If our justice system works, you as a defendant are given a fair trial with a just verdict and, if you are found guilty, a fair punishment. The Judge decides the sentence, usually based upon a pre-sentence investigation ("PSI") prepared by... |
Sentencing guidelines
The Court uses sentencing guidelines to make sure that the punishment is fair and in line with sentences throughout the Commonwealth of Pennsylvania. Guidelines are based on two factors:
An offense gravity score from 1 to 13 is assigned to each... |
Presentence investigation
Before sentencing, the staff of the York County Adult Probation and Parole Department prepares a report for the Court. This is called the presentence investigation ("PSI"). This covers such areas as prior criminal record, family history, educational... |
Mitigating factors
In Pennsylvania, you have the opportunity to present your perspectives of the case which might reduce your sentence. These mitigating factors could begin with your feelings of remorse and an apology to your victims, your plan to make restitution, your... |
Appeals
The items in this section deal with post-trial/post-sentence motions and general information about appeals.
... |
Appeals - overview
If you do not agree with the sentence you receive, you may appeal to a higher court. You have only thirty days to appeal or you lose your right to do so. You may request your trial Judge to set bail, pending your appeal. If he/she rules against you,... |
Recent Successes
:: Explanatory Note -- The articles in the categories listed above discuss results obtained by Joseph N. Gothie, Esq., and other attorneys at Gothie Van Allen LLC. The results do not indicate what the result of a future case may be. Each case is unique,... |
Successes - 2008
The items in this section mention a result in a particular case
obtained during 2008 by York, PA DUI Lawyer Joseph N. Gothie, Esq. , or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee... |
Successes - 2007
The items in this section mention a result in a particular case
obtained during 2007 by Joseph N. Gothie, Esq., or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee that even a similar... |
Successes - 2006
The items in this section mention a result in a particular case obtained during 2006 by Joseph N. Gothie, Esq., or an attorney at Gothie Van Allen LLC in a criminal defense capacity. Each case is different, and there is no guarantee that even a similar... |
Successes - 2005
The items in this section mention a result in a particular case
obtained during 2005 by Joseph N. Gothie, Esq., or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee that even a similar... |
Successes - 2008
The items in this section mention a result in a particular case
obtained during 2008 by York, PA DUI Lawyer Joseph N. Gothie, Esq. , or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee... |
Evidence suppressed - DUI dismissed
Client was stopped for a windshield obstruction (an air freshener). Charged with a Tier 2 DUI (BAC between .10 and .16). Client had a commercial driver's license, but was operating his personal vehicle. The case was eligible for ARD, but filing... |
Successes - 2007
The items in this section mention a result in a particular case
obtained during 2007 by Joseph N. Gothie, Esq., or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee that even a similar... |
Client admitted to ARD following initial denial
Client was found to have marijuana metabolites in blood while operating commercial vehicle. Client filed for ARD, but was denied. York, PA DUI lawyer Joseph N. Gothie filed for reconsideration of the matter for ARD explaining the special circumstances... |
Tier 2 DUI reduced to Tier 1, license suspension avoided
In a case docketed in York County at 5131 C.A. 2006, a client had retained an attorney for a DUI charge in 2006. That attorney entered the defendant into ARD for a case involving a Tier 2 DUI, possession of a small amount of marijuana, and possession... |
Assault charge against Attorney Gothie's client dropped prior to trial
In a case docketed in York County at 2545 C.R. 2007, a client charged with assault had the charge dropped immediately prior to trial in exchange for a plea to summary harassment. This was a case where a combination of good facts for the defendant, sensible... |
Attorney Gothie obtains acquittal in theft case
In a misdemeanor retail theft case docketed at 2825 C.R. 2007, Attorney Joseph N. Gothie obtained an acquittal of his client following a jury trial in the October, 2007 criminal trial term. The client was accused of stealing a number of small items from Wal-Mart... |
Assault charges dismissed
In a case involving three charges of simple assault, all counts were dismissed at the district court level. Allegations involved defendant striking two women and a man during a domestic altercation. Alleged victims decided not to press charges and two... |
Possession with intent to deliver, conspiracy charges withdrawn
Allegations: Client was one of four individuals in a car. Client was located in the back right seat of car. Vehicle stopped and a sale of crack cocaine was made by passenger in the back left seat to an undercover officer. When police moved in, driver... |
Attorney Urey wins jury trial on conspiracy and access device fraud charges
Client charged with access device fraud and criminal conspiracy. Following much procedural wrangling, including pretrial motions, a jury trial was held on April 10, 2007. Attorney Jason Urey of Gothie Van Allen LLC tried this case. The case involved... |
Burglary, theft dismissed
Client charged with burglary, theft, and criminal conspiracy to commit burglary. Alleged to have participated in break-in of garage to steal motorcycle. All charges withdrawn prior to trial.
Reference number: 7822 C.A. 2006 (York County) (charges... |
Harassment charge - not guilty
Client charged with summary harassment. Allegation of hitting, choking victim. At hearing before Magisterial District Judge, client was found not guilty. Only witnesses were client, alleged victim, and officer. No physical evidence that victim was struck... |
Successes - 2006
The items in this section mention a result in a particular case obtained during 2006 by Joseph N. Gothie, Esq., or an attorney at Gothie Van Allen LLC in a criminal defense capacity. Each case is different, and there is no guarantee that even a similar... |
Perry County theft - most charges dismissed
Client charged with felony 2 offenses of theft by unlawful taking and conspiracy to commit theft. Also charged with felony 3 receiving stolen property and unauthorized use of a motor vehicle (misdemeanor 2).
Charges were reduced to single count... |
Felony theft of auto thrown out at preliminary hearing
Client charged with stealing a car. Charged with felony receiving stolen property and felony theft by unlawful taking. Both charges thrown out at preliminary hearing.
Reference number: OTN:K-164783-3 (York County).
... |
Time-served sentence in felony drug case
Client charged with possession with intent to deliver (PWID) and criminal conspiracy for PWID for 15 grams of cocaine. Client received time-served to 23 months plus an additional 4 years probation. Client was incarcerated approximately nine months.... |
Felony drug case moved to Mental Health Court
Client charged with felony possession with intent to deliver (PWID) for cocaine (6 grams) and marijuana (70 grams) was removed from standard criminal track and placed into York County's Mental Health Court. Client faced possible mandatory sentence... |
Theft of leased property thrown out
Leasing company did not get a tv returned from client. Despite police being informed that defendant was incarcerated on another charge at the time the leasing company demanded the return of the tv and despite evidence that defendant's home had been... |
Burglary dismissed
Burglary, criminal trespass, theft by unlawful taking, and receiving stolen property charges all dismissed. Facts involved young defendant invited to friend's house and some items were missing. Defendant was in security video taken at scene.
Reference... |
Assault case with AK-47
In an assault case involving three counts of assault and one count of terroristic threats and in which a local SWAT-style team was called out to defendant's house, a plea agreement was reached for a county sentence without a deadly weapons enhancement... |
Shooting case dismissed
In a case where a defendant was charged with shooting at another individual after leaving a bar in York City, all state charges were dismissed against Joseph N. Gothie's client. Charges included felony possession of a firearm and aggravated assault... |
Successes - 2005
The items in this section mention a result in a particular case
obtained during 2005 by Joseph N. Gothie, Esq., or an attorney at
Gothie Van Allen LLC in a criminal defense capacity. Each case is
different, and there is no guarantee that even a similar... |
Felony drug charges dropped
Client initially charged with possession with intent to deliver cocaine along with several others in "hotel" type case. Total weight of drugs was 19.6 grams. Client ultimately entered plea to only simple possession of cocaine, avoiding possible... |
Burglary conviction overturned on appeal
Client was charged, tried, and convicted of burglary and conspiracy to commit burglary. The trial court ruled that the stop of client's vehicle was legal. On appeal, the Superior Court ruled that the stop was illegal and that all evidence gained... |
DUI - Two hour defense in Adams County
Defendant was involved in a two-car accident and charged with DUI. The other driver was also charged with DUI. There was a dispute as to how long it was between the accident, relinquishing control of the vehicle by client, and the blood test at Gettysburg... |
DUI case - two hour rule defense used
In this case, police were called to the scene of a one vehicle accident. No evidence could conclusively place the accused driver in control of the vehicle within two hours of the blood test. A compromise plea agreement was reached where defendant entered... |
What do you charge?
Our fees depend on the complexity of the case. That is one reason why we offer free consultations to prospective clients. It is important for us to try to understand the likely issues in your case to determine how much work we will need to do on your case... |
Credit Cards Accepted
Yes. If you decide to retain attorney Joseph N. Gothie, Esq., you may pay with a Visa or Mastercard. Cash, money orders, and personal checks are accepted as well.
... |
DUI News
Updates and news related to DUI: Case law in York County and Pennsylvania, national DUI news, local DUI news coverage, etc.
... |
Superior Court: Noise stops allowed, even if officer not trained
In a decision issued on April 25, 2008, a panel of the Pennsylvania Superior Court ruled that an investigatory stop of a car with a loud muffler was permitted where the investigating officer did not have any of the required, specialized training necessary... |
Superior Court allows "suspended owner" traffic stop when driver description matches owner
In a decision issued on February 21, 2008, the Pennsylvania Superior Court issued a "suspended owner" decision allowing stops of motor vehicles owned by people with suspended licenses, so long as police can generally match the description... |
Personal vehicle DUI results in loss of CDL for a year
As posted here before, getting a DUI in your personal vehicle will result in a suspension of your CDL in PA for a year. The Commonwealth Court issued another decision on this on January 30, 2008.
The facts are that a commercial drivers license... |
YorkDui.com and Attorney Gothie featured on Fox 43 News at Ten
Attorney Joseph N. Gothie and the YorkDUI.com website were featured on a story appearing on WPMT Fox 43 News at Ten on Friday, October 26, 2007.
The story was presented by reporter Kevin Johns. It is no longer available from their website. The... |
PA Superior Court shoots down "second-second" DUI sentence appeal
The Pennsylvania Superior Court has issued a published opinion on simultaneous sentencing for multiple pending DUI offenses.
It ruled that where a defendant entered a plea on two pending offenses
where she had one prior offense within the past... |
Officer arriving at disabled vehicle does not "seize" driver
In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not... |
Multiple drug offenses result in multiple license suspensions
In a Commonwealth Court case docketed at Giambrone v. Commonwealth, 484 C.D. 2006, an en banc panel of the Commonwealth Court ruled on June 13, 2007 that an individual sentenced to a totally concurrent sentence for twelve drug possession offenses over... |
ARD will cause loss of CDL for one year
In a case decided on April 27, 2007, the Commonwealth Court ruled that acceptance into and completion of ARD for a DUI case disqualified an individual from holding a commercial driver's license (CDL) for a year, even though the suspension of his personal... |
Commonwealth Court discusses ignition interlock
The Commonwealth Court issued a decision dealing with when ignition interlock (a "blow and go") has to be imposed as part of getting your license back.
The issue was whether a plea treating a second offense as a first offense (a "second... |
PA Superior Court - DUI when drinking gasoline and tar remover in suicide attempt
In DUI case law news, the Pennsylvania Superior Court issued a decision in the case of a York County man who drank gasoline and tar remover in an attempt to commit suicide.
The defendant was not drinking alcohol, but was found guilty of
driving... |
Superior Court uses 2-hour rule to throw out DUI
The Pennsylvania Superior Court issued a decision on October 24, 2006 illustrating the 2-hour rule as it relates to DUI in Pennsylvania.
In the case of Comm. v. Paul A. Segida, an officer saw a defendant in the brush by the side of the road. There... |
Directions to Office
The following link shows the location of our office at 11 E. Market Street, York, PA 17401. The link is to Yahoo Maps where you can get detailed driving directions from your location.
Directions to
111 E. Market Street, Suite 101, York, PA... |
About Us
The YorkDUI.com website is a service of Gothie Van Allen LLC , a law firm with offices in York and Harrisburg. The website is not a replacement for legal advice from an attorney, and it is not intended to create an attorney-client relationship. If you... |
Links to Digg, Reddit, and more
At the bottom of each page, we've added links to social bookmarking sites, such as Digg, Reddit, del.icio.us, Facebook, and more. If you clink on one of those links, you can send the link to one of those sites to share with other people. In addition,... |
Contact Us
Contact our office today to set up an appointment to discuss your case at a free, no-risk initial consultation. We can be reached in the following ways:
Phone: (717) 848-8455
Fax: (717) 848-8499
Email: jng@gvafirm.com
Mail:
Gothie... |
York, PA DUI Lawyer Joseph N. Gothie
York, PA DUI lawyer Joseph N. Gothie, Esq., has been representing clients in criminal matters in York County, Pennsylvania and surrounding areas for years. He has represented clients in cases involving DUI, aggravated assault, burglary, theft, felony... |
Former D.A. George Marros joins firm
Attorney George Marros, formerly of the York County District Attorney's office, has joined Gothie Van Allen LLC. He will practice exclusively in the area of criminal defense.
During the approximately four years he was a prosecutor, Mr. Marros... |
Directions to office
The following link shows the location of our office at 11 E. Market Street, York, PA 17401. The link is to Yahoo Maps where you can get detailed driving directions from your location.
Directions to
111 E. Market Street, Suite 101, York, PA... |
Do you accept credit cards?
Yes. If you decide to retain attorney Joseph N. Gothie, Esq., you may pay with a Visa or Mastercard. Cash, money orders, and personal checks are accepted as well.
... |
What do you charge?
Our fees depend on the complexity of the case. That is one reason why we offer free consultations to prospective clients. It is important for us to try to understand the likely issues in your case to determine how much work we will need to do on your case... |
DUI Representation
If you have been arrested for DUI, the first thing you should do is to call an attorney to discuss your case. You can reach attorney Joseph N. Gothie at (717) 848-8455 to set up a free, no-risk consultation to discuss your case. If you would like to... |
Criminal Defense
If you are being investigated by the police or if you have been arrested for any criminal charge, the first thing you should do is
to stop talking to the police. Immediately. Next, you should call an attorney to discuss your case.
You can reach... |
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Contact Us
Contact our office today to set up an appointment to discuss your case at a free, no-risk initial consultation. We can be reached in the following ways:
Phone: (717) 848-8455
Fax: (717) 848-8499
Email: jng@gvafirm.com
Mail:
Gothie... |
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FAQ for DUI
Frequently Asked Questions (FAQ) related to DUI cases in Pennsylvania, and York County in particular.
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What To Do If You Get Pulled Over
This section applies to many DUI situations in York County, Pennsylvania. It is not a substitute for individualized legal advice. Your situation may be different.
If you have been stopped by an officer and you have been drinking and you are driving,... |
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