Client Results – Traffic Violations Attorneys

Traffic Violations Client Results

David E. Hershey

Charge: Driving under suspension dui related and leaving the scene of an injury accident.

Situation: Client was a self-employed construction contractor in a DUI case. At the time of his arrest he was driving on a probationary license. The police and prosecutor initially did not understand the significance of the limited driver’s license and charged him with driving under suspension dui related and accidents involving death or personal injury while not properly licensed.

Result: Instead of spending a mandatory minimum 93 days in jail and a two and a half year license suspension, the client received a mandatory minimum sentence of 3 days in jail and an 18 month driver license suspension.

Charge: DUI highest rate of alcohol situation

Situation: The client was arrested by local police for suspicion of DUI. He was given a breath test which had not been maintained as required by Penndot regulations. During a preliminary hearing I determined the local police department breath test machine had not been checked for accuracy as required by PennDOT regulations.

Result: The most serious DUI count was dismissed. My client is no longer facing a license suspension.

Charge: Homicide by vehicle while DUI

Situation: Client was a 21 year old in a homicide by vehicle while DUI case. There were 3 people in his vehicle, one was killed, another suffered serious injuries and a third person suffered minor injuries. Client was not eligible for the motivational boot camp program as charged due to his criminal history.

Result: As a defense attorney, I negotiated a guilty pleas to homicide by vehicle (no alcohol). Judge sentenced client to boot camp. Dept of corrections agreed and he served less than a year in jail plus boot camp then was released to a halfway house for rehabilitation. He avoided a mandatory 3 year state prison sentence.

Charge: DUI and his 6th driving under suspension

Situation: Client was a contractor charged with DUI and his 6th driving under suspension charge. He had not had a license since the late 80’s. I was able to convince the District Attorney to place him on the ARD program so he could get his DUI expunged. After reviewing his driver record I alerted him that he was eligible to have his license reinstated in 2002, but he apparently never knew that.

Results: After meeting with DA they dropped the driving under suspension charge to another violation with a fine only and no loss of license. His original driving under suspension charge mandated 30 days in jail. He is now eligible to get his learners permit since he completed his 60 day DUI/ARD suspension.

Charge: Driving on a suspended CDL and log book violations in Pennsylvania

Situation: Client was an out of state CDL holder who was charged with driving on a suspended CDL and some log book violations in Pennsylvania. Before the District court hearing, I determined that his CDL had been suspended indefinitely because of non-payment of a citation in another state (not his state of residence) The client was unaware of the suspension that was imposed by his home state DMV because his fine was paid late.

Result: Reinstated his CDL and client received an alternative charge that did not cost him his CDL or his job.

Charge: Two pending driving under suspension citations, one of which was charged as DUI related and carried mandatory jail time

Situation: The client was a concrete mason by trade and his work required him to travel 90 minutes from his home. His license had been continually suspended since the 1980’s. After a review of his complete driver history, I realized that there were some unresolved citations beyond the statute of limitations.

Results: First I succeeded in convincing the district courts to dismiss a number of old pending citations due to the statue of limitations. Second, I asked Penndot to apply a change in the law retroactively to my client. Once DOT recalculated his driver record I was then able to get him a learner’s permit. When the police officers involved in the new citations saw what was done, they both agreed to plea bargains so my client could keep his learner’s permit. He now has his driver’s license and is off unemployment and back to work.

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