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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 create an attorney-client relationship. Please call us at (717) 848-8455 to set up a free, no-risk consultation to discuss your particular case. ::

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Defenses - overview
Defective BAC test
Necessity
Involuntary intoxication
Two hour rule
Illegal stop
 
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  • License suspensions  ( 3 items )
    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.
  • Arrested - What now?  ( 6 items )
    The articles in this section discuss what to do if you are arrested for DUI in York County, Pennsylvania.

     

  • Penalties for DUI  ( 9 items )
    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 potential for ARD options, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to discuss your particular facts at a free, confidential, no-risk consultation.

     

  • Do I need a lawyer?  ( 1 item )

    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 attorney's advice. This website does not create an attorney-client relationship. Please call us at (717) 848-8455 to set up a free, no-risk consultation to discuss your particular case. ::

     

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Newsflash
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 to issue a noise citation for faulty exhaust. During the stop, the driver was arrested for DUI. No muffler violation was ever filed. This decision essentially validates a form of pretext stops in Pennsylvania. The full text of the case can be found here. The dissent raises serious and legitimate concerns about the potential for abuse that this decision permits.