Case Results

A man was driving down Joshua Road in Whitemarsh Township, PA. At the intersection of Joshua Road and Germantown Pike, the driver before him was slow turning right. That’s when the man rolled down his windows, cursed the other driver, and then kept driving.

A call reporting the incident was then made to authorities. Because the police station is less than a mile away, the man was found, pulled over and subjected to field sobriety tests. His BAC was low – barely over the legal limit – but he had Delta-9-THC in his blood of 4.3 nanograms per milliliter after having smoked marijuana before the incident.

Montgomery County DUI lawyer Michael Fienman was contacted soon after. If charged, his client would be facing his second DUI offense. Under Pennsylvania law, there are escalating penalties for DUI offenders found guilty of a second or subsequent offense. These escalating penalties are subject to a 10-year “lookback” period for prior DUI convictions. In this particular case, because Fienman’s client was convicted of a DUI less than ten years ago, they were facing significantly more severe consequences than if it had been the client’s first-time DUI.

Due to his client’s severe medical conditions, Fienman was able to reach an agreement with the prosecutor that resulted in a reduction of charges and a negotiated sentence. Ultimately, Montgomery County Court of Common Pleas judge Cheryl Austin approved Mr. Fienman’s client to stay at the Horsham Clinic in lieu of serving jail time.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.