DUI/DWI Case Results
DUI in Pittsburgh – A young woman faced a DUI case with difficult facts against her. Discussion with the prosecuting attorney led to a plea to a reduced alcohol level based upon argument that allowance of error should be made in the alcohol test results. As a result, the client faced a substantially reduced sentence.
DUI in Pittsburgh – A client was facing a mandatory sentence of 30 days to six months in jail for his second DUI offense with a blood alcohol content (through a breath test) in midtier range (.10-.159). We argued for a reduction in the blood alcohol content based upon various factors, and Joyce & Bittner was ultimately successful in obtaining a plea agreement for the client of 10 days’ house arrest – no jail time!
DUI in Pittsburgh – Our client was a Pittsburgh man acquitted in Crawford County on the basis of illegal detention, where field sobriety tests (FSTs) not given before the arrest decision was made.
DUI in Pittsburgh – A Pittsburgh man had charges dismissed when a Port Authority (PAT) police officer left his jurisdiction and made a, therefore, illegal arrest on streets of the city of Pittsburgh.
DUI in Washington – DUI charges were dropped when client’s blood tests results were proven to have been obtained illegally without a warrant by police.
DUI by state police in Pittsburg – Client found not guilty after a jury trial based upon arguments of insufficient evidence of “intoxication.”
DUI for a commercial vehicle in Pittsburgh – Commercial truck driver (CDL) cleared of charge of driving under the influence of controlled substance based upon challenge to the charge as filed.
DUI in East Hills – DUI case dropped by the district attorney’s office based on defense attorney’s arguments of lack of evidence of driving.
DUI in Baldwin, Allegheny County – Client found not guilty after a nonjury trial based upon an argument that police officer’s observations of client driving fast and running a stop sign were not proof of intoxication. Also, expert witness testified that field sobriety tests were, at best, 65% accurate in predicting impairment. Being 35% inaccurate was more than enough to raise reasonable doubt.
DUI in Westmoreland County – Client found not guilty after a nonjury trial based upon limited problems displayed by our client in driving his car while state police were behind him and trooper’s improper administration of field sobriety tests.
DUI in McKees Rocks, Allegheny County – Client with a BAC well above .15 was found not guilty by an Allegheny County jury. The client was asleep in the back of his tractor-trailer when police approached him about an earlier accident allegedly involving his truck in the truck yard.
DUI in North Side, Pittsburgh – Client with a BAC over .129 found not guilty of DUI in a nonjury trial. Was driving in the area of PNC Park and the Carnegie Science Center when pulled over by the state police. Squealing of tires was not proof of impairment. Expert testified that a BAC of .129 over an hour after driving was not sufficient to infer impairment at the time of driving.
DUI in New Jersey – Not following through on court obligations in a DUI case or any other criminal matter can have unpleasant consequences for the person charged. Recently, Joyce & Bittner received a call from a New Jersey lawyer seeking help for a man being held in there on a bench warrant from the Allegheny County, Pennsylvania, Criminal Court for failing to appear for court. The man had a driving under the influence case years earlier while visiting in Pittsburgh. For whatever reason, he failed to return for court after being released. He went back to New Jersey where he got married, worked and was developing a nice career. He must have thought the case would just be dropped – unfortunately, it wasn’t.
In a minor traffic stop in New Jersey, the warrant was detected, and he was lodged in jail to await extradition to Pennsylvania. This process can take months and the concern was great that while sitting in jail he would lose his job and all he had worked for. After being called in by the local attorney to help him Joyce & Bittner devised a strategy of working on this end of the case to have the bench warrant lifted. In a motion to the court, we were successful in having the judge lift the warrant and reinstate his bond on the condition he returns to Pennsylvania to answer the charges. The client was released from jail in New Jersey before attorney Bittner was even back to his office after court that day.
The client was very cooperative and concerned and followed our advice. His case was successfully ended with his entry into a pretrial diversion program that will allow the charges to be dismissed upon completion. No conviction or loss of driver’s license, and he returned to his wife and career in New Jersey.
DUI checkpoints are roadblocks that are set up, usually on busy roadways, in order to stop vehicles that are traveling on the roadway during a set period of time. As a result, checkpoints many times result in a number of people being arrested or cited. Challenges to the legality of checkpoints are raised on a case-by-case basis. Therefore, if a court would rule that a checkpoint was set up in an illegal fashion, only the person challenging the checkpoint would benefit from that ruling. In the cases below we challenged our clients the checkpoints and won. Other people stopped in that same checkpoint would not benefit from the favorable ruling if they did not raise the same challenges.
North Hills DUI task force in Pittsburgh – Client stopped in a DUI checkpoint on Route 8 in Shaler Township. The task force was made up of Shaler Township, Etna, Hampton Township, Pine Township and Richland Township police officers. Our client’s BAC was above .15. The court held that the setup of the checkpoint was not in compliance with constitutional guidelines established by the Pennsylvania Supreme Court. The case was won when the stop of our client was determined to be illegal based upon the motions we presented on the client’s behalf, and therefore all evidence obtained in the stop (including the blood drawn) was suppressed.
West Hills DUI task force in Pittsburgh – Client stopped in a DUI checkpoint on Route 30 in Findlay Township near the Beaver County and Allegheny County boarder. The task force was made up of Findlay Township, Moon Township, Kennedy Township, Carnegie Borough, Robinson Township, Coraopolis Borough and Crescent Township police officers. Our client’s BAC was .134. The court held that the location selected for the checkpoint was not made in accordance with constitutional guidelines and therefore the stop of our client was illegal. All evidence obtained in the stop (including the Blood drawn) was suppressed.
Driving under suspension – Middle-aged married man with a driver’s license suspended because of a prior DUI. He was charged with driving under suspension – DUI related and facing a mandatory 60-day jail sentence, $500 fine and an additional one-year suspension of his driving privilege. He retained Joyce & Bittner to represent him in court. An attorney from Joyce & Bittner was successful in obtaining an agreement to a plea of guilty to a reduced offense, with no jail time, a reduced fine and no additional loss of driving privilege.