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August 2015 Archives

Does law enforcement need search warrants to use drug dogs?

Law enforcement agencies in Pennsylvania, and throughout the U.S., often use drug-sniffing dogs when investigating drug-related offenses. Like many who are the subjects of such investigations, you may question whether the use of these dogs on your private property was legal. In order to help ensure your rights are not violated, it may benefit you to understand what is required for authorities to use drug dogs.

Growing use of technology to reduce fatal vehicle accidents

Pennsylvania motorists may not be aware of the high cost of driving while fatigued, but it is estimated that fatigue is a factor in at least 7,500 deadly accidents annually. Driving while drowsy may be as dangerous as driving drunk, and both causes may lead to more severe accidents. A truck driver's fatigue after being awake for 28 hours is in part believed to be responsible for the 2014 accident in which comedian Tracy Morgan was injured and one man was killed.

Marijuana can make you a criminal for DUI and drugged driving in Pennsylvania

Pennsylvania is one of a number of states that criminalizes a driver for DUI who has any amount of marijuana in their system.  The "per se" law  is set forth in 75 Pa.C.S.A. 3802 (d)(1).  If you are stopped for any reason and subjected to a blood test which reveals even trace amounts of marijuana, you could be charged with DUI or "drugged" driving, subjecting you to a loss of your license and even jail time.  You don't have to be impaired at the time you are stopped, or even driving poorly.  For instance, you could be stopped at a red light and rear ended.  If the police decide to test for drunk or drugged driving, even though you were without fault, if you have any amount of marijuana in your blood, you can be charged.  You may have not even smoked the marijuana, but in a room where others have and you ingested the second hand smoke.  Marijuana stays in your system for as long as thirty days.  A person legally using marijuana for medicinal purposes is still subject to this law.  So marijuana users, beware.  I believe this law may untimately be challenged and overturned, but until then you are at risk of being arrested, tried and convicted.

What are the penalties for identity theft in Pennsylvania?

Pennsylvania state law defines identity theft as the possession or use of another person’s identifying information for an unlawful purpose without his or her consent.  This white collar crime is considered a serious offense in the state, and thus, carries severe consequences. At the law firm of Rubin, Glickman, Steinberg & Gifford, P.C., we are often asked about identity theft charges. As such, we will discuss the grades of this offense, as well as the potential penalties you could face if convicted.

Infection hazards of improperly maintained eyewash stations

A recent publication issued by the Occupational Safety and Health Administration warns employers and workers alike that infections could arise from using improperly maintained eyewash facilities. Both employers and workers in Pennsylvania can use the information to remain aware of the risks and learn how to avoid them.

Understanding statutory sexual assault charges in Pennsylvania

As teens and young adults, many people throughout Pennsylvania experience love for the first time. If they decide to act on their feelings, however, what should be a special time and experience may result in serious criminal charges. Depending on a couple’s ages, getting intimate with a partner could be considered statutory sexual assault.

MSHA increases enforcement after three miners die in one day

In response to the deaths of three miners on Aug. 3, the Mine Safety and Health Administration is strengthening its enforcement and safety training efforts in Pennsylvania and across the nation. The miners were killed in three separate incidents in Virginia, North Dakota and Nevada.

Can you appeal a criminal conviction based on witness perjury?

Sometimes, witnesses in Pennsylvania may lie on the stand. Judges and juries often base their decisions in criminal trials heavily on the testimony of witnesses. As such, false statements made during your trial may wrongfully incriminate you and result in you being convicted of a crime you did not commit. Since you are entitled to a fair trial, you could choose to appeal your conviction based on the grounds of witness perjury.

Safety for workers working alone

Many Pennsylvania workplaces require employees to labor for some period by themselves during the usual course of their work day. This may occur inside a fixed facility or while traveling to separate work sites. As these workers will be alone, they will be without the support and security provided by other employees who otherwise would be able to stand ready to assist them in their tasks and come to their aid in an emergency.

Gregory R. Gifford
  • RGS&G Firm News

    "Gregory R. Gifford, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C., was elected Vice President of the Montgomery Bar Association on January 13, 2017. Mr. Gifford is a past Director of the Association and has also served as its Treasurer and Secretary"Read more...

  • Super Lawyers | Rising Stars
  • National board of legal speciality certification
  • American college of trial lawyers
  • National board of trial advocacy | EST 1977
  • 2013 | Subarbanlife | Awesome Attorneys
  • PennSuburban | Chamber of commerce

Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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