Personal Injury Lawyer, Criminal, Wills, Estates, Divorce, Incorporations & Limited Liability Company in Montgomery County, PA.

Robert A. Saraceni, Jr., Esquire, maintains a general practice law firm in Norristown, Montgomery County, Pennsylvania "concentrating in, personal injury, criminal law, family law, representation of small businesses and wills and estates."

We have achieved significant verdicts with DUI, Criminal cases and settlements in personal injury claims involving major injuries due to the negligence of others.

Thank you for visiting our website and taking time to learn more about the Law Offices of Robert A. Saraceni, Jr., and staff. We look forward to serving and assisting you with your personal injury case and other legal needs.

CHALLENGE YOUR PENNSYLVANIA DUI 

The Pennsylvania Drunk Driving Laws underwent significant changes several years ago.  However an experienced criminal attorney will carefully analyze your specific situation and may recommend several ways to challenge the charge.

1.CHALLENGE THE REASON FOR THE INITIAL STOP BY THE POLICE 

In Pennsylvania a Police officer must have a reasonable suspicion to believe that a traffic offense or other criminal activity has occurred before making a traffic stop.  In other words a driver must be speeding, failed to stop for a traffic-controlled device or otherwise driving recklessly, etc. for a police officer to have reasonable suspicion to stop your car.  Challenging the stop could result in the charges being dismissed.

2.IN PENNSYLVANIA THE PROSECUTING AUTHORITY MUST ESTABLISH THAT YOU WERE IN ACTUAL PHYSICAL CONTROL OF THE VEHICLE

If your vehicle was stopped prior to the police arrival you may be able to challenge this element of the charges.  The prosecutor must prove that you were in actual physical control of your vehicle.  This does not necessarily mean that the vehicle was moving.

3.CHALLENGE THE FIELD SOBRIETY TEST

 Typically the Police officer uses several tests after the stop to determine sobriety.  These are the Horizontal Gaze Nystagmus, “walk and turn” and “one leg stand”.  The National Highway Safety Traffic Administration has concluded that at a blood alcohol content of .10 the accuracy of the Horizontal Gaze Nystagmus test is 77%, the walk and turn test is 8% and the one leg stand is 65%.  These differences leave considerable room to challenge the field sobriety test.

4.THE POLICE OFFICER’S OBSERVATIONS

Part of the criminal charges will often be based on what the police officer observed about the individual at the time of arrest.  These may include an odor of alcohol or that the individual was not steady when standing or walking.  These are the police officer’s personal observations that he will rely on when formulating the criminal charges against the individual.  The officer’s observations are an area that can be full of inaccuracy. Many local police departments have video tape recorders in their patrol cars, which may provide evidence of the events.  Additionally, there may be independent witnesses to testify as to the observations made at the scene.

5.BREATH OR BLOOD TEST RESULTS

Machines that are used to test the blood alcohol content by means of an individual’s breath are not perfect and are subject to providing unreliable results.  All of these machines must be calibrated frequently.  The lack of calibration or other interference with the machine may contribute to an unreliable test and give rise to challenging the arrest.

6.PROCEDURES

In Pennsylvania, all licensed drivers impliedly consent to the testing of their blood breath or urine.  The failure to consent to the test may result in an automatic license suspension.  The police must advise you of your rights and the consequences of the refusal.  Additionally, after an arrest the police officer must inform the individual of their “Miranda Rights”.  The failure to properly provide these warnings at the appropriate time may provide an additional challenge to the criminal charges.

To schedule a free consultation for a DUI arrest in Montgomery or neighboring county, please call the Law Office of Robert A. Saraceni, Jr. at 610-292-8600.

The Law Offices of Robert A. Saraceni, Jr., Esquire, lawyer, serves the Norristown, Pennsylvania community. The firm engages in the general practice of law, including Personal Injury claims, Wills and Estates, Criminal Law, Family Law, Divorce, Child Custody, Real Estate Settlement, Corporate Law, Commercial Law and Municipal Law. Providing service to Montgomery County PA, Norristown, Plymouth Meeting, East Norriton, West Norriton, Lansdale, North Wales, King of Prussia, Collegeville, Graterford, New Hanover, Sanatoga, Souderton, Arcola, Harleysville, Schwenksville, Audubon, Jeffersonville, Perkiomeville, Stowe, Douglass, Phoenixville, Trappe, Eagleville, Blue Bell, Whitpain Township, Pottstown, Limerick, Upper Gwynedd, Lower Gwynedd, Lower Frederick, Pottsgrove, Lower Salford, Upper Providence, Lower Providence, Royersford, Skippack Township and other local communities.