The law, sponsored by state Senator John Rafferty, makes it a first-degree misdemeanor to be driving under the influence with minors in the car. A first offense will result in a maximum $1000 fine, along with 100 hours of community service.
A second offense will increase the fine to a potential maximum of $2500, and also a possibility of six months in jail. If the offender has three or more DUI convictions when minor passengers are in the vehicle, he or she is facing at least six months in jail with a maximum two-year sentence.
]]> These punishments will be added to any that are received for the DUI conviction. The new law is similar to that in many other states, and could be strengthened if legislators feel that it is not reducing the number of drunk drivers on area roads.Those facing DUI charges need to take the matter seriously. Prosecutors will aggressively handle these cases, especially when there are child passengers in the vehicle.
A conviction for DUI could have a lasting effect on several areas of your life, including the ability to find and keep a job, and may also result in increased insurance costs and other expenses. It is important to know what options are available to you, because you are the one who has to live with the consequences.
Source: Reading Eagle "New law raises some drunken-driving penalties" May 12, 2012.
]]>However, drugged driving is presenting major challenges to law enforcement agencies throughout the United States. There are so many different drugs that a person may take, it is difficult to determine which drug is present in a person's system. Since each drug may cause different effects, no one "legal limit" can be put in place to broadly apply to motorists who may have used illegal or prescription drugs.
]]> Law enforcement in Pennsylvania, like in several other states, uses drug recognition experts (DREs) to help crack down on drugged driving. DREs receive special training, which was created by The International Drug Evaluation and Classification Program.DREs use a 12-step process when conducting an investigation into whether a motorist was impaired by drugs. The officer that initially made the traffic stop will be the one who determines if a DRE is necessary.
If called to investigate, a DRE will perform several tests on a suspected drugged driver. The officer will ask about what food or drugs a person has consumed. The DRE will examine the suspect's pupils to check for unusual movements.
DREs will also conduct other "field sobriety" type tests to see how an individual reacts to specific instructions. The officers will also look for any visible signs of drug use on the person's body, such as injection marks.
At the end of this process, the DRE will be the one who decides whether or not to order tests which would show the presence of drugs in a person's system. This leaves the determination for this test entirely to the discretion of the DRE, which could potentially cause problems.
A drugged driving conviction could carry extensive penalties, including the loss of a driver's license. Know what options are available to you before you plead guilty. This does not make everything simply disappear. The consequences of a conviction can be extremely long-lasting.
Source: Pennsylvania State Police "Drug Evaluation and Classification Program"
]]>However, a recent decision by the U.S. Supreme Court may mean drastic changes for people who have been accused of crimes. It all started when police officers in New Jersey spotted Albert Florence and his wife driving to a restaurant. Police ran the vehicle's license plate, and discovered that Florence had a warrant out for an unpaid traffic fine.
]]> Officers performed a traffic stop and arrested Florence for the outstanding warrant. They took him to jail, where he was subjected to two invasive searches for weapons or contraband. This was part of the procedure for everyone who was booked into that particular jail, no matter what crime was being charged.Florence had actually paid this ticket prior to the traffic stop, but his warrant was not recalled from the system. He spent six days in jail waiting for the situation to be resolved, and was freed after a judge stated that Florence had paid the fine. He then sued the jail for violating his Fourth Amendment rights against illegal search and seizures. The Court ruled that since the procedure applied to everyone coming into the jail, whether they were violent offenders or not, that the searches were permitted.
This case may change the way that police and law enforcement process individuals who are spending time in jail. It may allow for more opportunities to gather evidence against someone suspected of committing a crime.
Source: Huffington Post "Supreme Court Says Jails Can Strip Search You - Even for Traffic Violations" Inimai Chettiar, April 6, 2012.
]]>When drug sentences were initially put in place, those convicted of crack cocaine drug crimes received substantially more prison time than those who had powder cocaine offenses.
]]> In most federal drug cases, the court will be bound to sentencing guidelines when a conviction is reached. The amount of the drugs present in the case will impact the potential sentence. The ratio in place basically amounted to 100 to 1 - meaning that crack was considered so dangerous that a person would have to have 100 times as much powder cocaine to receive a similar sentence when convicted.This huge differential caused Congress to revisit the sentencing issue. In 2010, the Fair Sentencing Act was passed. This act was designed to make the sentences for crack cocaine drug crimes similar to powder cocaine convictions, bringing levels down to 18 to 1. Those who received sentences after the act was passed would be under the new ratios.
However, the law did not cover what would happen to those convicted but still awaiting sentencing under the old sentencing guideline. The U.S. Supreme Court is currently considering what should happen to those individuals, because Congress did not specifically address those awaiting sentencing.
Because of this gap in the language, there is some question over which standards will prevail. As this case progresses, many are watching closely to see what other changes may result. This could also have major implications on those sentenced under old laws, as it may lead to further revisions in the penalties in place for drug crimes.
Source: New York Times "Court Weighs Revisions in Cocaine-Case Sentences" Adam Liptak, April 17, 2012.
]]>The current DUI rules in Pennsylvania call for the interlock devices after multiple DUI convictions. These devices measure a driver's breath for the presence of alcohol. If any is detected, the car will not start. The interlock will continue to monitor the vehicle while it is traveling to ensure that the driver has not consumed any alcohol after starting the vehicle.
]]> Auto manufacturers have received funding under a federal transportation bill that would help them develop ignition interlock devices as a standard preinstalled feature. Anytime a person wanted to start a vehicle, he or she would have to check their breath with the interlock device.While proponents of pre-installed interlocks feel that it would lead to a reduced amount of drunk drivers on roads, critics are concerned about the potential problems that may arise. For example, say a person went to a happy hour after work and had a few beers.
If this person then tries to drive home, will the car detect the alcohol on the driver's breath and refuse to start? Sober drivers may be prevented from being able to use their vehicle. Officials concede that this may in fact happen, but would like the devices to implement a better-safe-than-sorry approach.
No matter what changes happen in the future, ignition interlocks are here to stay. If you have been convicted of DUI and are facing additional DUI charges, you may be required to install one of these devices in your vehicle. Know the options that are available to you, so that you understand the consequences of a conviction.
Source: Los Angeles Times, "DUI's new enemy: robocars" April 8, 2012.
]]>Underage drinking can lead to underage DUI. A recent study by the Pacific Institute for Research and Evaluation reported that more teenage girls, who were driving under the influence of alcohol, were being killed in drunk driving accidents. Teen drivers with a blood-alcohol content between .02 and .049 were nearly three times more likely to be killed in a fatal car accident than their sober counterparts.
]]> One of the ways that officials will look to reverse this trend is increased enforcement of drunk driving laws. Pennsylvania law states that anyone 21 or under will be considered to be driving under the influence if they BAC is .02 or higher. First-offense penalties for minors convicted of DUI are more severe than those for first-time offenders of legal age.Those convicted will be facing a potential license suspension, as well as very high fines. Additionally, teen drivers may see their insurance rates skyrocket. It may take years before their premiums return to normal levels. If parents supplied the alcohol to the teens, they too may be facing potential punishments.
It is important to know the consequences of a DUI conviction. Knowing the options available to you at this time can help you make a decision that is best for your future.
Source: LiveScience "Fatal Accidents Rise for Young Women Who Drink and Drive" MyHealthNewsDaily Staff April 3, 2012.
]]>The driver's blood-alcohol content was .08 percent after being stopped that morning. However, Pennsylvania has a .02 BAC for drivers of commercial vehicles. The second stop occurred off of Interstate 70, at 2:30 in the morning.
]]> The man has since been fired from his job as a bus driver, and now will be charged with DUI. Drivers convicted of DUI within Pennsylvania face serious consequences. Even first-time offenders will be looking at possible fines and probation, and be required to complete a traffic safety course. If the offender has a high rate of alcohol in the blood, it could result in a license being suspended for up to one year.For repeat offenders, the penalties increase. Drivers with two or more DUIs will be required to have an ignition interlock device on their vehicles for at least one year, and possibly have their license suspended for one year. Additionally, offenders may also be facing jail time and very high fines.
And these punishments may only increase. Pennsylvania has faced criticism for its DUI laws, and several attempts have been made to make them stronger. A recent push to require all first-time offenders install interlock devices was discussed in the senate, and may soon become law.
Knowing what options may be available for your situation can help you make a decision that is best for your future. Making the wrong choice may prove to have lifelong consequences, and severely restrict your ability to make a living.
Source: The Washington Post, "Since-fired western Pa. school bus driver charged with drunken driving twice within 17 hours" April 2nd, 2012.
]]>For divorcing couples that own businesses, a divorce can be more challenging. Whether the business is a joint operation run by both spouses or owned by either the husband or wife, finding a way to divide this property is often one of the more contested aspects of a divorce, aside from any child custody issues.
]]> In Pennsylvania, marital property is divided equitably. That does not necessarily mean that there will be an even split for each spouse. Many different factors will go into determining how to fairly split the couple's property. Businesses will need to be examined to determine how much they are worth.Unfortunately, this is not always as easy as it seems. Parties may try to hide assets, making it difficult for their soon-to-be ex-spouse to determine the full value. Accountants and other professionals can help parties learn if any assets are being concealed, ensuring that a fair split is made.
Couples going through a divorce may also need to figure out a business plan for the future. If the couple owns the business together, one side may need to buy the other spouse out, or the business may need to be sold to be able to divide the property between the parties.
Because this is such a critical step of a divorce proceeding, spouses need to know the options that they have available. Making the wrong decision may result in property being divided unfairly.
Source: Inc.com "Don't Let a Divorce Wreck Your Business" Mark Balasa, March 26, 2012.
]]>Philadelphia District Attorney Seth Williams is implementing a new program designed to reduce the number of people being sent to prison for nonviolent felony drug crimes. According to the DA, 73 percent of Philadelphians who have been convicted of a crime will be rearrested within two-year time period. The Commonwealth spends roughly $40,000 per prisoner for each year of incarceration.
]]> The program, called "The Choice is Yours," lasts for one year and is modeled after successful programs already in place in other cities. It aims to help young offenders get their lives back on track.Instead of the $40,000 a year prison costs, participants in the program would only cost the state $5,000 to $8,000 per year. These costs are covered by grants from the Lenfest and William Penn Foundations. Participants will receive access to education, as well as job training. Successful completion of the program will result in their records being expunged.
Not every offender will be eligible to participate in the program, as there are limited space and funds available. If the offender gets in further trouble while in the program, he or she will be facing potential prison time and be ineligible to continue.
Source: Philadelphia Inquirer, "Program offers young offenders a different path" Joseph A. Slobodzian, March 22, 2012.
]]>During the 2011 legislative session, Governor Tom Corbett signed a bill that made many bath salts illegal to possess and sell. The bill highlighted six compounds that makers of the drugs frequently used, and any bath salt that contained any one of these ingredients would qualify as a banned substance. To prevent being charged with a Pennsylvania drug crime, many of the designers simply changed the way they made their specific drugs.
]]> This has led to widespread confusion for those who have to enforce these laws, and also for those who have been charged with a crime. It can be difficult for a person to know that something he or she purchases in a legitimate business is a controlled substance.In an effort to stem the sales of these designer drugs, police have been aggressively raiding local businesses. However, the drugs that are being confiscated may not be banned by the current bath salt law that is in effect. Unless one of the specifically listed compounds is used in the manufacturing of the drug, there is no law that restricts their sale.
Business owners charged with possessing or distributing these drugs may have options. Prosecutors are very aggressive with these cases because of the negative attention that bath salts have received.
The law will continue to adapt, meaning that one substance that is legal today could potentially be illegal in the future. Since the drugs are constantly changing the ingredients, it might be difficult for officials to create a law that adequately addresses the issue.
Source: WJACTV "6 News Investigation: New wave of bath salts." Gary Sinderson and WJAC Web Staff, Feb. 23, 2012.
]]>For many, the day is an opportunity to spend time with friends celebrating. Bars and restaurants throughout the city will be filled with people. Unfortunately, St. Patrick's Day also has a reputation for leading to an increased number of people driving under the influence.
]]> The National Highway Traffic Safety Administration (NHTSA) stated that 103 people were killed in traffic accidents throughout the U.S. on St. Patrick's Day in 2009. Over 40 percent of those crashes involved a driver that was over the .08 legal limit.Law enforcement will be aggressively targeting DWI, setting up sobriety checkpoints throughout the state to determine if motorists are driving under the influence. Those planning on attending a St. Patrick's Day celebration should take steps to ensure that they do not drink and drive.
There are a wide range of potential penalties in place for those who are convicted of a DUI, including jail time and the loss of a driver's license. Additionally, motorists will also face fines and increased insurance costs, with repeat offenders facing increased punishments.
Prosecutors take DUI cases seriously. Many people do not know what to expect when charged with one of these crimes, and may not understand the impact that a conviction will have. Convictions may even result in the loss of employment or professional license. It is important to know what options may be available for each situation to know which decision is best for your situation.
Source: Trafficsafetymarketing.gov "Saint Patrick's Day - Enforcement Materials Impaired Driving Prevention Campaign" March 12-18th.
]]>Many people are unfamiliar with the dangers of prescription drugs. Any time a person picks up a magazine or watches television they will see ads for various drugs addressing a wide range of health issues. This can lead to a belief that the drugs are safe, and cannot cause any long-term health problems if abused.
]]> Certain prescription drugs, like painkillers such as OxyCodin and Vicodin, are common in these types of cases. According to the Centers for Disease Control, sales of painkillers have tripled since 1999. Abuse has also risen during this time period, as overdose deaths have substantially increased, from 4,000 in 1999 to 15,000 in 2008.With more abuse, more people are looking to try to obtain large quantities of the drug. This can lead to several different types of prescription drug crimes, including:
The increase in abuse has also led to more attention from law enforcement officials. Prosecutors aggressively pursue these charges, and sentences for prescription drug crimes can be just as severe as sentences for street drugs. Many of the people charged with these crimes have never been in any type of trouble before, and do not know the potential penalties that they are facing. Those accused that work in the health care industry may lose their jobs, and be unable to find future employment in the field.
Source: CNN, "How Prescription Drug Abuse Costs You Money" James O'Toole, Feb. 24, 2012.
]]>Now, the consequences for a conviction have recently become much more severe for Pennsylvania teachers. The Pennsylvania Legislature recently enacted new rules that will enhance punishments for teachers convicted of having sex with a student. Prior to the rule being passed, sex with a student was called "corruption of a minor," a misdemeanor with a maximum of five years in jail.
]]> The new crime, a third-degree felony called institutional sexual assault, applies to teachers, volunteers, coaches, bus drivers or school employees. Punishments include the potential for seven years of jail time, and more importantly, anyone convicted of this crime will have to register as a sex offender under Megan's Law.There are a range of specific requirements in place for those who have to register as sex offenders. Offenders will need to notify police whenever they move, and will have to comply with additional restrictions after they have finished any prison sentence.
Anyone convicted of a sex offense will face a lifetime of challenges finding employment or a new place to live. Communities are reluctant to allow sex offenders into their neighborhoods, and often will hold meetings trying to force the offender to a different location. Knowing what options are available to help defend against sex crimes accusations is crucial for anyone who is facing these charges.
Source: WFMZ-TV, "New law stiffens penalties for teachers who prey on students" Will Lewis, Feb 20, 2012.
]]>Last July, law enforcement spotted a car double parked with hazard lights flashing. The defendant emerged from the driver's seat, but the officer who made the traffic stop could not say that the defendant had been driving the vehicle. The defendant had testified that she was simply gathering items from the car, and not driving. Others also testified that the accused did not operate the vehicle.
]]> Blood-alcohol tests showed that the defendant had a BAC of .18, more than twice the legal limit in Pennsylvania. After a trial was requested and subsequently delayed, the judge ordered the defendant's license surrendered while the matter was pending.After testimony was complete, the jury returned a not guilty verdict on a second-offense drunk driving charge. However, the judge found the defendant guilty of DUI, a lesser misdemeanor charge. The judge stated that the testimony of law enforcement was more credible than the testimony of the defendant and the other witnesses called at trial. The conviction carries a possibility of six months in prison, as well as a mandatory license suspension of one year.
The story highlights one of the potentially unknown aspects of Pennsylvania DUI laws. Drivers do not actually have to be driving the vehicle to be charged with driving under the influence; they merely have to be in "actual physical control" of the vehicle.
Active physical control is an issue when police are unable to determine who was operating the vehicle. To prove control, prosecutors must demonstrate that the vehicle had been operated recently, and that the intoxicated person was in a position which allowed for some control over the vehicle.
As this case shows, DUI matters can be extremely complicated. Knowing the available options will help those accused make a decision that is best for their situation.
Source: The Morning Call "DUI defendant who lost license acquitted by jury, convicted by judge" Riley Yates, Feb. 7, 2012.
]]>However, once your divorce is finalized, it can be difficult to have any agreements changed without a court order. Some decisions, such as property division, cannot be modified after entered, so it is crucial to understand the impact of the choices that you are making. Child custody and support issues will also need approval by the court before they can be changed.
]]> Perhaps the most challenging issue concerning property will involve the marital home. Since home values have declined substantially over the past decade, many couples owe more than their homes are worth. Instead of fighting over who gets to remain in the home, many couples fight about who gets to leave. Finding a way to divide any remaining mortgage debt will need to be determined at the time of the divorce, and this can get complicated.Couples will also want to consider the tax implications of their divorce in their settlement agreement. Certain support payments may be considered as income, which will have an impact on a person's taxes. The division of debt may also add to the income of one party, so it will be important to work with an experienced attorney to understand the consequences of any divorce settlement.
Once the divorce is final, there are other important items that will need to be addressed. After a divorce, one of the first things a person should do is make changes to any existing estate planning documents that they have. This is especially important for people who have been married several times. Without making these changes, it is possible that your ex-spouse or your former step-children could receive your property if you pass away.
Source: Huffington Post "How To Handle Important Paperwork Before And After Divorce" Ann Blumenthal Jacobs, Patricia Ryan Lampl and Tish Rabe, Jan. 25, 2012.
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