DUI Charges and Chemical Test Refusal Suspension Dismissed

The Zuckerman Law Firm is pleased to announce that DUI charges were dismissed against a client in Washington County, Pennsylvania. The client was accused of being in actual physical control of a running vehicle that was parked in a parking space. Aside from his mere presence inside of a running vehicle, there was no evidence to establish that he touched the brake pedal, gear shifter, steering wheel, or any of the other internal mechanisms of the car required for operation. Additionally, nobody witnessed him move the car at any point. The client maintained his innocence and denied that he ever drove or had any intention of driving a vehicle while under the influence of alcohol.

Although the magistrate refused to dismiss the charges after the preliminary hearing, favorable testimony was elicited at the preliminary hearing, which was used to file a pretrial motion to dismiss, called a Petition for Writ of Habeas Corpus. By way of a factual stipulation to the preliminary hearing transcript, the trial court fully dismissed all charges, finding that the Commonwealth did not meet even a basic prima facie burden for the DUI offense. Subsequently, the client challenged his 12-month license suspension imposed as a result of his failure to submit to blood testing, and the appeal was successful.

All DUI cases are very fact specific, and require a careful analysis by an experienced criminal defense attorney. For a free consultation, never hesitate to contact our law firm.

ARD & No License Suspension Saves Job for Washington County Client

In December of 2017, Attorney Zuckerman successfully lobbied the ARD Court judge for leniency on behalf of a client facing a loss of employment with a license suspension. The client was charged with a 1st Offense, Middle Tier DUI based upon having a blood alcohol concentration between a .10% to a .16%, but closer to the higher end of this range. 

Although a negotiated agreement was reached for him to be admitted into the ARD program, he faced a 30 day license suspension upon conviction. Given his line of work, he stood a near 100% chance of losing his job, pension, and health benefits. 

Prior to the case being called, Attorney Zuckerman was able to successfully argue at sidebar for the Court to admit the client into ARD on a DUI - General Impairment charge, which carries no license suspension. This offense allowed him to continue to provide for his family while also holding him properly accountable for the decision to drink and drive.