Going Back to Work? Get Your Record Expunged!

As Montgomery County, PA moves into the green phase of businesses reopening, jobs will soon be more available. If you were laid off during Covid-19 and now looking for a job, is your driving record clean? If so, that’s great and we wish you well on your employment search. If not, now is a critical time to get your less than stellar record expunged. So what does this mean? Let us explain.

In the State of Pennsylvania, the law does allow for record expungements providing one has been free of arrests and prosecution of other crimes for at least five years. Please note, that most traffic violations are what is known as ‘summary offenses.’ These are the most minor types of criminal offenses in Pennsylvania, and often identified as a “non-traffic citation.” Summary offenses can include disorderly conduct, loitering, harassment, and low-level retail theft, among others. A conviction for a summary offense usually results in a fine. That said, when referring to your driving record, the Pennsylvania Department of Transportation, otherwise known as PennDOT, will not expunge points or license suspensions from a person’s Pennsylvania record even if the person obtained an expungement order.

However, that is in most situations. To be eligible to expunge a record, the law must expressly permit it and means you cannot simply file a petition, appear before a judge and explain why you should have your record expunged. There are limitations made by the State from what a judge has the power to do in your and anyone else’s case.

There is a little bit of good news in the event an individual had received a suspension related to underage drinking, especially if the person has successfully served their sentence and turned 21 years of age. Serving the sentence would also include paying fines, if any, and restoring driving privileges. If certain requirements have been met there are laws in place that do in fact allow for the removal of the suspension from their driving record. To expunge the underage drinking suspension, at the Law Offices of Edwin L. Guyer, we don’t recommend going it alone. Mostly because one must know the laws, take the time and file a petition with the Court of Common Pleas in the county in which the offense was filed to begin with.

Individuals that participated in an ARD (Accelerated Rehabilitative Disposition), a prosecutor must agree to your petition and this is very similar to being on probation, thereby eligibility is possible but limited. There are a few caveats. In order to expunge the record, the person could not have a CDL (Commercial Driver’s License) at the time of the offense and did not have their operating privileges revoked during the 10-year period of time for being a “habitual offender.”

If this sounds confusing, that’s because it is and one should absolutely hire an attorney who understands the county and state laws in which they reside. Contact us today for further information regarding record expungements, restoring your driving privileges, and sealing your records. Whether it be for an underage DUI driver or anyone else, the best result may lie in the hands of an exceptional legal team with the know-how and experience. Call 215.542.9333 or email us at elg@paduilawyer.com today!

What is the Definition of Too Much Alcohol Consumption Before Driving?

When your blood alcohol content (BAC) is 0.08% or higher, you’re considered legally impaired in the U.S.

How Many Drinks Does it Take to Reach 0.08 %BAC?

If a police officer deems you “noticeably impaired”, or if you fall under your state’s zero tolerance laws (e.g., you’re under 21 or have children in the car), you could face a DUI even if you are under the legal limit. This might even happen if you’ve been consuming medical and/or recreational marijuana.

Intoxication begins with the very first drink. You should never drink and drive, no matter how much you’ve consumed. You can be impaired and arrested even if your BAC is under 0.08%.

Seeing as there are many factors affecting BAC, it’s very difficult to estimate how many drinks it would take for an “average person” to reach 0.08%. Additionally, not all drinks are created the same — a cocktail served at one bar may have double the alcohol as that served at another bar.

It’s important to realize that BAC can vary widely depending on a host of factors. Results can be different if you don’t consume food, or even the wrong food, during a specific time frame, and also whether you’re a male or female and your body weight.

We often say in our posts that we don’t condone drinking and driving but we also recognize that even if we don’t believe we’re impaired, we could still be arrested if an officer is suspicious. You might be pulled over for a traffic violation, a speed trap, or swerving to miss an animal or because of inclement weather. Regardless of your circumstances, we understand humans make mistakes.

Questions we get a lot: Will I lose my license? Will I go to Jail?

That depends upon each case. There are a series of questions we’ll ask you and encourage anyone who has been arrested with a DWI/DUI, to contact us immediately. We may be able to help you. It’s much better than going at it alone, and laws change depending upon age.

Your case matters to us and we want to help!

Contact the Law Offices of Edwin L. Guyer today at elg@paduilawyer.com or call us directly at 215.542.9333.

Be safe on the roads and always remember we are the number one choice of legal expertise for criminal defense.

Record Expungements Explained

If you think it’s easy to have your driving record expunged or removed, think again. In the State of Pennsylvania, the law does allow for record expungements providing one has been free of arrests and prosecution of other crimes for at least five years. Please note, that most traffic violations are what is known as ‘summary offenses.’ These are the most minor types of criminal offenses in Pennsylvania, and often identified as a “non-traffic citation.” Summary offenses can include disorderly conduct, loitering, harassment, and low-level retail theft, among others. A conviction for a summary offense usually results in a fine. That said, when referring to your driving record, the Pennsylvania Department of Transportation, otherwise known as PennDOT, will not expunge points or license suspensions from a person’s Pennsylvania record even if the person obtained an expungement order.

However, that is in most situations. To be eligible to expunge a record, the law must expressly permit it and means you cannot simply file a petition, appear before a judge and explain why you should have your record expunged. There are limitations made by the State from what a judge has the power to do in your and anyone else’s case.

There is a little bit of good news in the event an individual had received a suspension related to underage drinking, especially if the person has successfully served their sentence and turned 21 years of age. Serving the sentence would also include paying fines, if any, and restoring driving privileges. If certain requirements have been met there are laws in place that do in fact allow for the removal of the suspension from their driving record. To expunge the underage drinking suspension, at the Law Offices of Edwin L. Guyer, we don’t recommend going it alone. Mostly because one must know the laws, take the time and file a petition with the Court of Common Pleas in the county in which the offense was filed to begin with.

Individuals that participated in an ARD (Accelerated Rehabilitative Disposition), a prosecutor must agree to your petition and this is very similar to being on probation, thereby eligibility is possible but limited. There are a few caveats. In order to expunge the record, the person could not have a CDL (Commercial Driver’s License) at the time of the offense and did not have their operating privileges revoked during the 10-year period of time for being a “habitual offender.”

If this sounds confusing, that’s because it is and one should absolutely hire an attorney who understands the county and state laws in which they reside. Contact us today for further information regarding record expungements, restoring your driving privileges, and sealing your records. Whether it be for an underage DUI driver or anyone else, the best result may lie in the hands of an exceptional legal team with the know-how and experience. Call 215.542.9333 or email us at elg@paduilawyer.com today!

In February 2018, Pennsylvania residents were able to obtain medicinal marijuana. However, there is still some question whether legally obtained medical marijuana poses some risk for those that are driving while under the influence of marijuana. There is certainly some agreement that one shouldn’t drive a motor vehicle while under the influence or while impaired by the drug. Since that is the case, one might be facing a DUI charge.

Did you know that Pennsylvania laws actually prohibit a person from having what is known as a level of metabolites in their system, which is drug residue in the body? If you or someone you know ingests marijuana, they will have metabolites in their body for days, weeks and even months thereafter. Overall, if you’re driving with marijuana metabolites in your system, you are in jeopardy of being charged with a DUI if the arresting police officer finds you ‘stoned’ while operating a motor vehicle.

Most DUI investigations start with the police conducting a traffic stop for a minor violation, such as speeding, failing to use a turn signal, or even coasting through a stop sign, all relatively minor violations.  In many cases, while interacting with the driver, the police develop or notice evidence of driving under the influence, such as the odor of alcohol or marijuana, and the traffic stop then becomes a DUI investigation.  In most drunk driving cases, the police administer field sobriety tests or breath tests. The police are legally permitted to arrest a person and invoke the Implied Consent law if the police have probable cause to believe that the person is violating the Pennsylvania DUI law. Pennsylvania law prohibits a person from having marijuana metabolites in the body while the person is driving, the police would arguably have probable cause to arrest if the police were aware that the driver had a medical marijuana card.  The police may also question the driver about marijuana consumption.  If the driver admits to having ingested or taken marijuana, the driver is thereby giving the officer probable cause to believe that the officer will find marijuana metabolites in the driver’s blood.

While the use of marijuana for medicinal purposes is now legal, the Pennsylvania DUI law still prohibits those people from driving with marijuana metabolites in the body.

The laws are still relatively new and we keep up-to-date on ensuring your driving privileges remain in-tact. We have shared articles in the past about the Philly DA’s Office saying they won’t prosecute cannabis users for DUI unless they are actually stoned but what about in Montgomery county where our offices are located?

To stay abreast of the ever-changing laws, add us to your contacts and feel free to contact us directly via email at elg@paduilawyer.com. We’re happy to answer any questions you may have. If you’ve been arrested under these circumstances, now is an even better time to get in touch. Call any time during normal business hours: 215.542.9333.

In the event you get a DUI/DWI you may be wondering, should you get an Attorney?  The definitive answer is YES. And here’s why!

Trying to handle your DUI case without an attorney is generally a bad idea. A DUI is a criminal offense that carries serious consequences. Even a first conviction can lead to jail time, expensive fines, and license suspension. And aggravating factors — like prior convictions, a high blood alcohol concentration (BAC), or an accident — can increase the already-severe penalties.

Also, DUI law is complicated and constantly changing. It’s easy to get tripped up in the legal nuances or misinterpret the law altogether. We focus on and stay current of recent changes in DUI law, and will likely increase the chances for you of receiving a favorable outcome.

We recognize that hiring an attorney certainly involves spending money. But in many cases, it’s well worth the investment. Our testimonials from clients and even other lawyer’s endorsements, can support this claim.

We’ve written before about hiring a Lawyer but you may read more here from one of our posts entitled: What To Look For When Hiring An Attorney.

Start protecting your driving privileges today and Contact me, Ed Guyer at 215.542.9333 or email us at elg@paduilawyer.com for more information.

Steps to take after a DUI Arrest

We want to the share with you what to expect in the event you’ve been arrested for a DUI. While we realize most people don’t ‘think’ they’ll be arrested, it’s smart to stay educated if you ever drink and get behind the wheel of a motor vehicle.

1. Take the chemical test: we’ve written about this before in other articles, but it’s imperative that you comply with the arresting officer at the time. Don’t make matters worse by thinking if you refuse the test, you’re in the clear. You aren’t! It’s actually punishable by law if you decline a breathalyzer or a blood test. You might be asking, what is the test for? It’s to check your Blood Alcohol Level or BAC and in the state of Pennsylvania anything over .08% is considered driving while intoxicated. It’s also to assess your state of mind and whether you’re capable of being behind the wheel of a motor vehicle. Therefore, stay calm and remain compliant with the arresting officer or officers.

2. Contact an attorney who primarily focuses on DUI laws in your county: we can’t stress this enough! Please don’t consider hiring a general attorney for your DWI case. Often times, these cases are complicated and we at The Law Offices of Ed Guyer have a very in depth understanding of the legal system. Certainly, other attorneys are capable of representing you, but why take the chance especially since they don’t have the specialized knowledge? We are able to provide you with a far more favorable outcome than the alternative.

There you have it. Call us or add us to your phone contacts at 215.542.9333 or email us at elg@paduilawyer.com and we’ll discuss your options. Should you have questions, we’re here for you.

Jail Time or Losing Your License: Read More

After you get pulled over and suspected of a DUI you go through a series of mandatory testing by the police officer. If found that your BAC (Blood Alcohol Level) is .08 or higher, you will be charged but not yet convicted of a DUI and this is often a confusing event. Instantly you may think, uh oh. Jail Time. Then you might be thinking you’re going to lose your license. We want to set the record straight and ease your mind.

A convicted 1^st offense driver is looking at 0-72 hours in jail, six months’ probation/parole (depending upon the alcohol level and/or drugs), $300 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment. DUIs with a minor passenger.

But you’re not yet convicted. You’ve been arrested, that’s different.  It’s also why we’re here. We want to show you that there are options and also why you need to hire an attorney after the arrest so you don’t take this task on alone. We understand that it’s scary and you’re not thinking clearly but we know the laws better than anyone.

A DUI defense lawyer can help you move past these charges and help you get on with your life without such severe penalties.

We’ve written quite a bit of information already on the DUI Arrest and how to expunge your record if you’ve already experienced a DUI in the past and we encourage you to read these articles.

All in all – there are options and we know how to help. Take the time and peruse our site for more information at The Law Offices of Ed Guyer; 215.542.9333 or email us at: elg@paduilawyer.com. Feel free to visit our website at www.edguyerlawyer.com.

It’s never easy to pick an attorney and mostly they come via referrals. But what if that isn’t a resource for you? Here’s what you probably do. You go on the Internet and do a Google Search based on your keywords. That’s fine. Then you research and review their websites. Here, we want to help take some of the guesswork out and we’ve created 4 Simple things to look for when hiring an attorney. To begin:

• Experience– While this may seem like a no brainer when hiring an attorney, very few people look at the level of experience that someone may have when they hire their lawyer. As of late, the website is a good sign of success. Is the messaging clear? Does it describe who the person or practice is? What about their staff? Is their history identified on the site? What about images or videos that show their level of knowledge and experience? Do they have an abundance of social media, or are they more focused on their practice and their clients? Maybe a little bit of both. We feel that people should feel comfortable when viewing our site than worrying about how much social media we post. We’re a focused legal practice as it should be!
  

• Education– Where did they attend school and when? Are you comfortable hiring someone that just graduated from a high-end University or one that graduated from a similar law school but also has decades of experience in the field? At the Law Offices of Ed Guyer, we have over 30-years’ experience practicing law, and we primarily focus on DUI and DWI cases. So much, other attorney’s come to us for guidance and assistance. We work with the DMV and help you do the same. Once you get a DUI, you might think you’re going to jail. Relax, we often have ways to put your mind at ease. There are other options available. 
  

• Skill Set– The word specialist isn’t used in the legal world. That might seem odd because theoretically, people view a divorce attorney as a specialist. That may be their primary focus and best to hire someone that has the known and recognized skill set for what your needs are. If you are a white-collar crime criminal, the options may be vast. However, if you get a DUI you might want to focus on someone that not only understands the DUI laws for your County and State but one that also puts their energy into this particular practice. At the Law Offices of Ed Guyer, we don’t suggest you shouldn’t hire a reputable attorney that you’re comfortable with, but we do know our focus on DUI that can make a difference in your case. We also know the Montgomery County (and surrounding counties) court systems and cross paths with prosecutors, police officers and judges all the time. This has no bearing on the outcome of your case, but it does help that they aren’t strangers.
  

• Reputation– Testimonials are an essential part of anyone’s reputation, but often people are hard-pressed to write a testimonial with their name, which lacks credibility. Focus less on personal testimonies and see if they have experience working and helping or assisting other attorneys. Are you getting educated when reading news and information on the website? Find trust with us online, then a phone call, then an in-person meeting then onward.

We hope this helps you make some more educated decisions when choosing an attorney. Whether it’s us or not, we want you to be protected. That’s because we stand behind the mission statement of, We Care About Our Clients. You should care about the attorney you hire!

Lastly: Add us to your contacts: 215.542.9333 or email elg@edguyerlawyer.com. Because when you’re drinking, you’re not thinking – So don’t wait until it’s too late.

What is an Ignition Interlock Device?

An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system.

Pennsylvania State law makes the Ignition Interlock requirement mandatory for first-time and repeat DUI offenders with high blood alcohol levels and for individuals who receive an operating privilege suspension as a result of a chemical test refusal violation. An individual with an Ignition Interlock requirement who seeks a restoration of operating privileges, is required, as a condition of issuing a restricted license, to either have any motor vehicle to be operated equipped with an Ignition Interlock system and remain so for the duration of the restricted license period or, if there are no motor vehicles owned, registered, or to be operated, so certify in accordance with PennDOT’s regulations.

How Does it work?

An ignition interlock interrupts the signal from the ignition to the starter until a valid breath sample is provided that meets maximal alcohol guidelines. At that point, the vehicle can be started as normal. At random times after the engine has been started, the IID will require another breath sample, referred to as a rolling retest. The purpose of the rolling retest is to prevent someone other than the driver from providing a breath sample. If the breath sample isn’t provided, or the sample exceeds the ignition interlock’s preset blood alcohol level, the device will log the event, warn the driver, and then start up an alarm. until the ignition is turned off, or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability. Ignition interlock devices do not have an automatic engine shut off feature.

When is Ignition Interlock required?

An Ignition Interlock requirement is imposed when an individual violates 75 Pa.C.S. Section 3802 (relating to driving under the influence of alcohol or controlled substance) and receives an operating privilege suspension, or has had their operating privilege suspended under 75 Pa.C.S. Section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or 75 Pa.C.S. Section 3808(c)(relating to illegally operating a motor vehicle not equipped with Ignition Interlock). An individual who receives an operating privilege suspension as a result of Accelerated Rehabilitative Disposition acceptance for a first offense violation of 75 Pa.C.S. Section 3802 (relating to driving under the influence of alcohol or controlled substance) will not have an Ignition Interlock requirement.

How much does the Ignition Interlock System cost?

Cost may vary depending on the Ignition Interlock vendor chosen. An Ignition Interlock system is leased from the Ignition Interlock vendor. Currently, the average costs associated with leasing an Ignition Interlock system is between $900 to $1,300 per year. The individual required to have the Ignition Interlock system is responsible for all costs.

How long must the ignition interlock system be on the vehicle?

An individual is required to drive with an Ignition Interlock system for one year from the date their operating privilege is restored. However, a first offense conviction of violating 75 Pa.C.S. Section 3808(a)(relating to illegally operating a motor vehicle not equipped with Ignition Interlock) or 3808(b)(relating to tampering with an Ignition Interlock system) will cause the Ignition Interlock period to be extended for one year from the date of the conviction.

Who approves the ignition interlock devices?

PennDOT is responsible for publishing a list of approved Ignition Interlock systems. The list of approved systems is published in the Pennsylvania Bulletin. IGNITION INTERLOCK“THE LAW”

At The Law Office of Ed Guyer, we take your case seriously. We hope we’ve educated you about option you might have to restore your driving privileges. Just don’t go it alone. We’ve got your back and hope to hear from you soon. 215.541.9333, elg@edguyerlaw.com

Source: https://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iitl.pdf

Image Source: https://www.lifesafer.com/blog/ignition-interlock-camera-spying/

Sealing Your Record or Expungement of Your Criminal Charges: Read More

In this article we’re going to discuss the process of expunging your criminal record in the State of PA. County by county may vary so your best defense is to hire the Law Offices of Ed Guyer to help you navigate your way through the sea of confusion. This is a legal issue and one that an attorney should handle for you. Please add Ed Guyer Law to your contacts and use keywords like DUI, Criminal Records, DWI Defense somewhere in the notes section. Be sure to add email and phone as: elg@paduilawyer.com or 215.542.9333.

To begin let’s start with your actual crime. If it’s a DUI, DWI, Fraud or a White-Collar Crime, Theft, Traffic Violations, we can help. We will review your case directly with you and begin the process. First, we’d like to educated you a bit.

On November 28, 2016, in Harrisburg, PA, Governor Tom Wolf reminded Pennsylvanians that Act 5 of 2016 is now in effect which expands criminal record sealing for many low-level misdemeanors in Pennsylvania to reduce recidivism (that is: the tendency of a convicted criminal to re-offend.), relieve the pardon system, and provide ex-offenders greater opportunity to join the workforce. The bill was enacted because of significant efforts by Senator, Stewart J. Greenleaf and Representative Jordan Harris.

A criminal record often carries a lifetime of consequences that may and usually does lead to poverty or even re-incarnation. Tom Wolf stated “this law is a commonsense, positive and an unprecedented step to help Pennsylvanians with minor or dated criminal records a fighting chance at opportunities for gainful employment.

Moreover, the cost of NOT helping citizens restore their lives via this law is also costing taxpayers far too much money.

What is Act 5 you may be thinking. Act 5 amended Title 18 (Crimes and Offenses) is to allow individuals who have served their punishment and remained free of arrest, prosecution, or conviction for ten years, for nonviolent misdemeanors, to petition the court for their record to be sealed from public view, but still available to law enforcement and state licensing agencies.

Act 5 does not provide orders of limited access for any felony or first-degree misdemeanor.  Other exceptions are made for certain misdemeanors, such as sex offenses.

Watch these videos of Ed Guyer talk about your ability to expunge or seal your records and always remember that a criminal record often carries a lifetime of consequences, and even a minor criminal record can be a serious impediment to employment, housing, education and training, public assistance, financial empowerment, and more.

Don’t let this be you. Let us help. Call today or once again put us in your contacts even under Attorney:

Ed Guyer Law – elg@paduilawyer.com or 215.542.9333.