Month: February 2016

Can I Argue Against Breathalyzer Results?

Posted by Steven E. Kellis on

Breathalyzer testMany people falsely assume that a breathalyzer is some sort of infallible device that can do no wrong and that can never be inaccurate. Even courts and police officers will make this assumption despite there being a history of rulings, motions and legal actions that can invalidate breathalyzer results.

Unfortunately, the breathalyzer’s reputation as a mystical, never-fail device causes some DUI in Pennsylvania suspects to neglect their right to defend their case. Rather than pursuing potential actions that could rightfully exclude invalid breathalyzer evidence or generally help reduce the charges they face, DUI suspects simply give up.

Do not make this mistake. Educate yourself on the nature of breathalyzers, why their evidence could be potentially inadmissible and how experienced DUI attorneys could argue for your rights and increase your chances of having charges lessened or dropped entirely.

Breathalyzers Do Not Measure BAC

One of the most common misconceptions about breathalyzers is that they directly measure the Blood Alcohol Content, or BAC.… Read More

How Accurate are Field Sobriety Tests?

Posted by Steven E. Kellis on

Field sobriety testPolice officers are encouraged to procure a spectrum of evidence when evaluating potential driving under the influence (DUI) cases. As such, they may request that the driver exits the vehicle to perform field sobriety tests. These field sobriety tests may be administered in addition to or in lieu of a field breathalyzer sample.

Since field sobriety tests can be nerve wracking even to some perfectly sober drivers, many people want to know the validity of the tests. After all, if the tests are not really that accurate, how can the officer convincingly argue that the driver was DUI? Those wanting to learn more about field sobriety tests and their corresponding accuracy should read on.

Horizontal Gaze Nystagmus Test (HGN)

Nystagmus is a natural shaking or jerking reaction of our eyes when looking too far into our periphery. Some individuals are diagnosed with higher levels of nystagmus that affects their vision permanently.… Read More

Are You Sober Enough to Drive?

Posted by Steven E. Kellis on

shutterstock_132918122Getting a DUI in Pennsylvania can be devastating to your criminal record, not to mention the safety risks to you and others on the road. People who choose to drink should always make smart decisions, and that includes knowing when you have had too much to get behind the wheel.

Unfortunately, one of the effects of alcohol is clouded judgement, so those who have been drinking may not have the right perspective to assess whether they are sober enough to drive. In these instances, calling a cab or getting a ride is usually the right call. However, some people may wish to get more information about whether or not they are enough of a Sober Sally to safely get behind the wheel. They can turn to several possible options to gain more information: 

Smartphone Apps

Your smartphone can provide valuable information resources to gauge how sober you are. These guides are far from scientific or legal advice, and they certainly don’t open up excuses when you still happen to make the wrong call, but they can nevertheless provide one more bit of needed information to help people who have been drinking decide what they should do next.… Read More

Tips for Driving Safely in the Winter

Posted by Steven E. Kellis on

shutterstock_97697837If there is anything we Pennsylvanians have learned over the past century or so, it is that Punxsutawney Phil can be a big, fat liar. Winter may be on its way out according to the calendar and certain impetuous marmot family members, but freezing temperatures and perhaps a bit of late snow still lie ahead in the weeks to come.

 

Anyone taking to the road in the winter months must therefore prepare themselves for the unique hazards winter presents. Here are five winter driving tips they can use to avoid catastrophe and stay healthy long enough to see our favorite flippant groundhog lie again to our chapped faces:

1. Double Down on Regular Safe Practices

Anything that could jeopardize your safety all year becomes even more concerning during the inclement winter months. Remember your vehicle safety basics:

  • Check lights turn signals, mirrors, etc. before entering the car
  • Complete remove any obstructions like snow
  • Use your seat belt every time
  • Keep up with any regular maintenance and handle problems early.
… Read More