Introduction:
In the eyes of the law, you remain innocent until proven guilty and sentenced. The burden lies with the prosecutors to establish guilt “beyond a reasonable doubt.” At The McShane Firm, we recognize that winning a DUI case is not only possible but imperative, whether you face charges for a first DUI, second DUI, or multiple offenses. Explore the myriad strategies we employ to challenge DUI charges in Pennsylvania.
Challenging Illegal Traffic Stops and Arrests:
The cornerstone of a successful DUI defense often begins with scrutinizing the legality of the traffic stop. If law enforcement lacked “probable cause” to pull you over, and their suspicions of impairment cannot be substantiated, the stop may be deemed illegal, leading to the exclusion of all evidence.
Meticulously Examining Field Sobriety Tests:
Our experienced attorneys meticulously examine field sobriety tests, ensuring that law enforcement adhered to standard procedures. Any inaccuracies in test administration or results may lead to dropped charges or a reduced sentence.
Navigating Diversion Programs with ARD:
For first-time DUI offenders or those eligible for diversion programs, such as the Accelerated Rehabilitative Disposition (ARD) Program, The McShane Firm provides invaluable guidance. Successfully completing a diversion program can result in record expungement and significantly reduced penalties.
Establishing Non-Operation of the Vehicle:
A robust defense includes challenging the prosecution’s ability to prove that you were operating the vehicle. If the police cannot substantiate this claim, your charges may be dropped.
Scrutinizing Breath Test Results:
Breathalyzer test results can be called into question if proper procedures were not followed during administration, or if the device malfunctioned. The McShane Firm diligently scrutinizes these details to weaken the prosecution’s case.
Examining Blood Test Accuracy:
While blood tests are considered reliable, errors during testing can lead to inaccurate results. The McShane Firm thoroughly examines the blood testing process, considering potential inaccuracies that could impact the outcome of the case.
Asserting the Right to Implied Consent Warning:
Failure to read the implied consent warning before a test may result in a full case dismissal. Our attorneys aggressively assert your rights and challenge any deviations from proper testing procedures.
Addressing Medical and Health Factors:
Under duress of a medical condition or certain medications during arrest? The McShane Firm explores the possibility of suppressing police evidence, especially if health factors could have influenced test results.
Insisting on Complete Discovery:
Your defense team at The McShane Firm ensures that all required evidence from the police is submitted to the judge. Any failure to provide complete discovery could lead to the dismissal of charges.
Safeguarding Your Right to a Speedy Trial:
Exceeding the limited time for trying your case in Pennsylvania could lead to its dismissal. The McShane Firm safeguards your right to a speedy trial, ensuring that justice is served in a timely manner.
Conclusion:
In the face of DUI charges, The McShane Firm stands as your unwavering ally, committed to safeguarding your freedom and challenging the odds stacked against you. The consequences of a DUI conviction are profound, affecting your future, finances, and personal life. However, with the right defense, no case is ever hopeless. Whether it’s your first DUI or a felony charge, you have the right to fight back and win in court. Trust The McShane Firm to navigate the complexities of your unique case and secure a favorable outcome.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.