A major issue in DUI cases occurs when criminal defendants are refusing to submit to a chemical test in a DUI case. DUI rehab When talking about a chemical test, it is a common test to give after someone is arrested for the suspicion of DUI to see if there...
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DUI
DUI Chester County Intermediate Punishment Program (IPP)
by Bellwoar Kelly, LLP | Jan 7, 2018 | DUI
Facing a DUI in Chester County, Pennsylvania can be a very scary proposition. This is in particularly true if it is not your first DUI. The applicable punishment for DUI's in not only very serious in Chester county, but they are also very serious throughout the state...
DUI Homicide
On Behalf of Bellwoar Kelly, LLP | Jan 2, 2018 | DUI
One of the saddest and most tragic types of cases that seems to occur around New Years Day is the charge of DUI Homicide. DUI Homicide is a particularly tragic crime because it almost always involves negligent conduct by the defendant (drinking too much) that lead to...
DUI ignition interlock employment exemption
by Bellwoar Kelly, LLP | Oct 25, 2017 | DUI
Ignition Interlock is not permissible as a result of DUI convictions. Sometimes an individual will be required, for employment purposes, to drive a vehicle for which it is not feasible to install an Ignition interlock device. Defending DUI § 1556(k) provides...
dui applying for ignition intelock a
by Bellwoar Kelly, LLP | Oct 22, 2017 | DUI
To petition for applying for an Ignition Interlock for a DUI first the individual must have received an official notice of suspension or revocation from PennDOT. This notice must then be presented to an approved Ignition Interlock vendor. The approved vendors are...
DUI Igntion Interlock new rules
by Bellwoar Kelly, LLP | Oct 18, 2017 | DUI
Act 33 of 2016 dealing with ignition interlock was passed on May 25, 2016 and went into effect 15 months later - August 25, 2017. Act 33 created a new section to set out the terms of the new Ignition Interlock law. It requires those with suspended licenses due to DUI...
DUI Ignition Interlock
by Bellwoar Kelly, LLP | Oct 15, 2017 | DUI
Ignition Interlock laws in PA are undergoing huge changes. Pennsylvania Act 33 of 2016 amended Title 75 (Vehicle Code) to create a new "Ignition Interlock Limited License". In Pennsylvania, an Ignition Interlock device prevents a vehicle from being started unless the...
DUI 2 hour law
On Behalf of Bellwoar Kelly, LLP | Sep 25, 2017 | DUI
The general rule in DUI cases, is that the level of alcohol or other substances in an individual accused of DUI's blood is inadmissible in court if it is not drawn within 2 hours of the Defendant's driving his motor vehicle. Specifically under Title 75 Pa.C.S. §...
DUI what is a closed roadway
by Bellwoar Kelly, LLP | Sep 18, 2017 | DUI
Pennsylvania DUI law applies "upon highways and traffic ways throughout this Commonwealth." Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way in Pennsylvania. A highway is defined as "the entire width between...
DUI warrant less blood draw
On Behalf of Bellwoar Kelly, LLP | Jul 16, 2017 | DUI
The law in the Commonwealth of Pennsylvania regarding warrantless blood draws where an accused is suspected of DUI is currently in flux. The state of the law regarding DUI and warrantless blood draws was illustrated in a three-judge panel in Commonwealth v. Ennels. On...
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