Case Results

 

No Jail and ARD in Berks Co DUI for Man with Prior Assault Convictions

Dec 12 2018, by Michael Fienman in Assault & Domestic Violence, Case Results, Criminal Defense, Drug Crimes, DUI

Fienman Defense represented a man in Berks, County, PA after a minor accident resulted in very damaging DUI charges. The road was slick from snow, and the man’s car skidded into a small ditch. Despite no property damage or injuries, when an officer came by, they used it as a pretext to conduct a field sobriety test. Unfortunately, and mainly due to the weather conditions, the terrain chosen by the officer, and the man’s preexisting medical condition, he was deemed to have failed the SFSTs. This led to his blood being drawn and the results showing that the man was positive for THC in his blood.

While a drugged driving charge is always serious, what complicated matters for this individual was a prior conviction on his record. This heightened his possible penalties and all but guaranteed that a new conviction for DUI would result in jail time that exceeded the statutorily imposed mandatory minimum. To avoid such a harsh outcome, the man contacted DUI attorney Michael Fienman. Believing that his client stood an excellent chance, attorney Fienman appeared at the Preliminary Hearing and pointed out the blatant flaws in the case. This led to his client’s approval for the the ARD program which is amazingly rare for someone with his prior history. Mr. Fienman believed that the man’s defense was strong enough to warrant a trial, but after serious consideration, the man entered the ARD program in order to eliminate the possibility of losing. So, after a 12-month probation, a short license suspension, and some classes, this man can move on with his life and career.

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.