Month: November 2013

Teen Wrecks Car while High Hours after Getting his License

MarkDid you know that you can get a DUI charge for substances other than alcohol? Illegal drugs and certain prescription drugs that impair driving can also get the cops to charge you with DUI. It’s much more difficult to defend against a DUI charge for a substance that’s not alcohol, since most police stations will perform a blood test to analyze what is in the suspect’s body.

One unlucky teenager got that surprise as soon as he got his license. A man in New Jersey had just gotten his license and managed to crash his car while high with a friend a few hours later. There were no injuries, but the boy did drift into oncoming traffic and hit the guard rail. He admitted to police that he had smoked 30 minutes earlier.

Under such circumstances, there’s little to do but to take the sentence. Admitting to the police that you have done illegal drugs before getting pulled over is an excellent way to get taken into the station for a blood test.… Read More

Silence is Golden. Talk to a Lawyer instead.

Credit: Natasha D'Souza“You have the right to remain silent.” In many cases, silence is the best option for those who are stopped under suspicion of the commission of a crime. That is one of the primary reasons that we have the legal system in place – to protect and defend our rights. As a common sense measure, if you do open your mouth, don’t lie.

Lying opens the door for higher bail, raised fees, and longer sentences, as a general rule. It is often better to stay quiet, offering only the most minimal and truthful of answers to those who have stopped you.

Kurt Patrick Newkam got himself into a world of trouble by trying to lie to the arresting officer. The officer witnessed Newkam failing to stop at a stop sign and failing to use a turn signal on two separate occasions.

Newkam’s original thought was to claim that he was the person listed on the registration of the vehicle.… Read More

PA Court Voids Cumberland County Judge’s DUI License Suspension Order

county-courthousePenn Live reported that the Commonweath Court overturned a Cumberland County judge’s ruling regarding the five-year driver’s license suspension of a Maryland woman for having been deemed a habitual drunk driver under Pennsylvania law. After being arrested for DUI three times within three months in 2011 in York County, New Cumberland, and East Pennsboro Township, the woman pleaded guilty and no contest to the charges, and received sentences including house arrest, probation, and a one-year license suspension. The Pennsylvania Department of Transportation (PennDOT) subsequently notified the woman that she was subject to a mandatory five-year suspension of her driver’s license.

The woman appealed the decision to Cumberland County Court, arguing that she should not be subject to the mandatory suspension due to the fact that her three arrests occurred shortly after she had become the victim of a kidnapping and sexual assault. She further argued that she was unaware that her plea agreements in the DUI cases would subject her to a five-year mandatory license suspension.… Read More

Watch for Open Container!

SpaderIt should go without saying that you should never go driving with an open container of alcohol in the car, no matter where it might be stored. This is a sure way to catch an officer’s attention if you get pulled over for a traffic stop. It’s very good evidence for the prosecutor that you were drinking and driving at the time.

One police officer had a DUI case handed to him when a van collided with her cruiser in the early evening. The officer was taken to the hospital with neck and back pain. When other officers questioned the woman and searched her vehicle, she was taken in for suspicion of drunken driving. They had found an open beer bottle in her van.

It is likely that the cops will want to perform a blood test in this instance. The bottle could have been old and completely empty, or nearly full.… Read More

Accused of Fraud? Get Someone with a Reputation to Fight for you.

Government and insurance industry watchdogs are extra vigilant in ascertaining whether or not treatments or prescriptions are legitimate and necessary in the care of patients. Such was the case with Dr. Richard Ruth. He tried to go to extraordinary lengths for his patients, but the jury believed that he was doing his patients a disservice. He was convicted of dealing in prescription drugs, identity theft and insurance fraud. He and his son are facing up to 25 years in prison.

If you have been accused of insurance fraud or other similar medical related crimes, you need the expertise of the Law offices of Steven. E. Kellis. He knows that even though the police and other authorities have done considerable research for their case against you, you have rights. Kellis Law is here to defend you and those rights.

Many who are accused of such crimes are unaware of the simple fact that prosecutors will factor in a consideration to the experience of the accused’s attorney and their level of expertise.… Read More

84 Arrested in Narcotics Sweep

Janels KatlapsNarcotic-related offenses are a serious crime in the state of Pennsylvania. Whether someone has been arrested for possession, having drug paraphernalia or up to and including selling or even trafficking in narcotics, there are a number of factors that come into play which will determine the seriousness of the charge.

Obviously, possessing drugs such as marijuana for personal use is a much lesser charge than an intention to sell or distribute other drugs. Drug offences are for the most part considered to be felonies in the state of Pennsylvania. However, even in cases such as a recent mass arrest of 84 people, the drugs, weapons and other evidence seized must meet certain criteria for the charges to stick. The Constitutions of both the United States and the state of Pennsylvania require that all searches and seizures be “reasonable”. Any evidence obtained that does not meet these criteria can by law be suppressed.… Read More

Man Receives Large Sentence for Driving while High

Victor CasaleIn a tragic case, a man was sentenced to 15 years to life in prison for killing an elderly woman while under the influence of prescription drugs. He pled guilty to DUI vehicular manslaughter with gross negligence in a plea agreement. Prosecutors agreed to drop the charge of murder as part of the agreement.

When police arrested him, they found he had four previous DUI convictions and his license was revoked. Tests showed that he was driving under the influence of prescription drugs. The old woman that was hit was talking with a friend while walking her dog. The driver’s truck veered onto the sidewalk and hit the victim and her dog. An interlock device was installed in the truck, but those devices cannot examine the breath for other kinds of drugs.

When fatal accidents happen like this, the criminal justice system will prosecute vigorously, as they should. The victim’s family might also be interested in pursuing a civil case.… Read More

Other charges can make DUI easier to stick

Credit: Mike RenlundA simple charge of DUI is fairly weak, all things considered. There are lots of different ways that a DUI check can be compromised and thrown out of court. However, the more that happens during the situation that bias the police against the charge, the more difficult it will be to defend. Sometimes, there’s no way around it and all a defense lawyer can do is to try and soften the blow.

In this report from CBS Philly, a man in Delaware was arrested and charged with his fourth DUI. Other witnesses called the police to report that he was in the drive-thru harassing employees and threatening to ram other cars. When the police arrested him he was charged with DUI, possession of marijuana, and other charges.

We don’t know how the police tested for DUI, but with so many witnesses it will be difficult to defend against the other charges.… Read More

Know Your Rights when Talking with the Police

Highway Patrol ImagesIn a story out of Newark, Delaware, a woman was arrested for DUI after she hit a University of Delaware police officer. The officer was directing traffic and had ordered the suspect to stop to allow pedestrians to cross. However, the suspect did not stop and struck the office on her right arm. The driver was chased on foot, and was stopped when she crashed into an Oldsmobile sedan in traffic. The officer was treated for a minor injury to her elbow.

It’s important to follow the instructions that the police give you when they’re out directing traffic. If they’re out on the road, it’s normally because there is a dangerous situation and they’re trying to keep everyone safe. When you’re pulled over, there are certain things that you do have to do when the officer asks you to do so, but there are other things that you do not have to do.… Read More

Shop Owner Conspires to Steal Lotto Ticket

While DUI is our main focus, we also represent clients in other criminal cases as well. Any criminal charge is a cause for concern. Everyone deserves to be represented by competent counsel in the court of law, even if the news media paints someone in a bad light. This happens all too often, as news reports have to keep up information as it happens, not when the entire story is out.

Leonardo PallotaIn Tinicum Township, an owner of a pizzeria and a teenaged employee are said to have conspired to rob a man of a winning $2,500 lottery ticket according to police. When police searched the place after the ticket was reported stolen, they also found prescription drugs and drug packing material. Police believe that the owner and his son were selling drugs illegally and using the pizzeria as a front.

The owner of the ticket left it on the counter after getting her pizza.… Read More