Pennsylvania DUI Lawyer

Implied Consent Law

Each person who drives in the state of Pennsylvania is deemed to have given his/her consent to one or more chemical tests of their breath, blood, or urine upon a lawful request. A request is considered lawful where the police have reasonable grounds to believe the person was driving, operating, or in actual physical control of the movement of a vehicle while under the influence of controlled substances and/or alcohol. Failure to comply with a lawful request will be considered a “refusal.” The fact that you refused to take a test will be admissible against you in court as evidence of your guilt.

Once placed into police custody, a Pennsylvania DUI suspect must be read his/her implied consent rights if a chemical test is going to be requested. The implied consent rights inform individuals of the consequences of their refusal so that they may make an inform decision of whether or not they wish to take the test. Failure of the police to advise suspects of their implied consent rights may become an issue that will affect the admissibility of the test results or evidence of refusal. Refusals carry an automatic suspension of your driver’s license or privilege to drive within the state for a period of 1 year, or 18 months if you previously refused chemical testing.

Who Gets to Pick Which Test I Take , Me Or The Officer?

Although there are currently three different chemical tests (blood, breath, and urine) that measure a person’s blood alcohol content. The availability and usage of them differ from jurisdiction to jurisdiction. The decision of which test will be administered is made by the police officer, depending on the local laws of any particular jurisdiction. The officer has the discretion as to which test will be administered. If a driver is suspected of driving while under the influence of drugs, a blood test will almost certainly be given. If a driver is suspected of driving while under the influence of alcohol, breath and blood tests are the most common.

A handheld preliminary breath test (PBT) is often used by an officer to make an arrest decision in a DUI case. These devices are inaccurate, typically inadmissible, and should not be relied on. The results of this test are not admissible at trial to prove that you were under the influence, however, the results may form the basis for probable cause. In other words, if you are over the limit on the PBT you will asked to take another test, either blood, breath or urine.

PBT’s are handheld breath testing devices that are used in the field. They are different then the breath machines used at the police station. They are smaller and typically have an LCD readout. Unlike the large station breath machines, PBT’s lack the ability to print out the result.

Remember that submitting to any chemical test is voluntary and can always be refused. Your refusal will carry penalties however. In Pennsylvania, you will generally lose your privilege to drive for a period of one year if you refuse a chemical test. This suspension will be in addition and consecutive to any suspension you receive as the result of a conviction for D.U.I.

Additionally, testing of your blood may be made without your consent in cases where you receive medical treatment.

 For more information go to http://www.duihelppa.com/Chemical-Tests.html

Originally published here.

Every lottery player has often dreamed what they would do with their winnings if they were fortunate enough to win a large jackpot. The prospect of suddenly having millions of dollars makes the most rational mind indulge in flights of fancy. All lottery players at one time or another have dreamed of expensive cars, huge mansions, luxury vacations, and all the things that a lot of money can buy.

As it turns out, for some, winning the lottery has brought nothing but broken dreams and disappointment. Most lottery winners are not adept at money management and in many instances some players find themselves in a financial mess. Take the case of William Post of Pennsylvania. In 1988 Mr. Post won $16.2 million in the Pennsylvania lottery. Mr. Post found himself the subject of lawsuits and as if that wasn’t enough his brother was arrested for trying to hire a hit man to kill him so he could inherit his new found wealth. Mr. Post also made several bad business investments and within a year found himself a million dollars in debt. Said Mr. Post, “I wish it never happened. It was totally a nightmare.” Mr. Post now finds himself living on $450 a month from Social Security and food stamps.

One of the more well known cases is that of Jack Whittacker who won a $315 million Powerball jackpot in the West Virginia lottery. Mr. Whittacker chose the cash payout option and received a check for $113.4 million after taxes. Mr. Whittacker started out with good intentions donating money to several church based charities and set up a foundation to provide food and clothing to low income West Virginia residents. A month after winning Mr. Whittacker was arrested for drunk driving. His problems spiraled out of control very quickly. Mr. Whittacker spent over $100,000 at a strip club and while at the club thieves broke into his car stealing $545,000 in cash. Thieves then broke into Mr. Whittacker’s car another time stealing $200,000 in cash. None of the money in either incident was ever recovered. Mr. Whittacker was the target of numerous lawsuits most of which were settled out of court.

After winning the lottery jackpot, Mr. Whittacker’s life quickly spiraled out of control. He became the subject of numerous lawsuits and thieves emptied his bank accounts. For example, Mr. Whittacker was sued by an Atlantic City casino for gambling debts and was sued for wrongful death in the case of a drug overdose that occurred at his home. Mr. Whittacker has stated that he wishes he had never bought that fatal lottery ticket.

Many who win the various lotteries are not sophisticated when it comes to finances and find themselves in financial trouble fairly quickly. Says Susan Bradley author of the book Sudden Money: Managing a Financial Windfall, “People who are not used to having money are fragile and vulnerable, and there are plenty of people out there who are willing to prey on that vulnerability – even friends and family.”

Winning the lottery need not be all doom and gloom. There have been some winners who have managed their new found wealth well and many have managed to invest their winnings in such a way that they and their families will be secure for generations. Brad Duke, who took an $85 million dollar payout after winning a $220 million dollar Powerball jackpot in 2005, is an example of a winner who has used his new fortune to provide for his family’s long term security. Instead of immediately spending his winnings Mr. Duke quickly assembled a team of financial advisors with the goal of becoming a billionaire in mind. Here is how Mr. Duke has spent his money so far.

$35 million: Aggressive investments like oil and gas and real estate $1.3 million: A family foundation $63,000: A trip to Tahiti with 17 friends $125,000: Mortgage retired on his 1,400 square-foot house $18,000: Student-loan repayment $65,000: New bicycles, including a $12,000 BMC road bike $14,500: A used black VW Jetta $12,000: Annual gift to each family member

Obviously Mr. Duke has not indulged in the frivolous spending that seems to be the hallmark of many lottery winners. He has carefully planned his investments with long term goals in mind.

These examples represent different reactions to sudden wealth. Most of us have at some time or another fantasized about winning the Powerball or the Mega Million and what we would do with all that money. Some of us see winning the lottery as a chance to indulge is pleasures and luxuries, while others see it as an opportunity for long term security for ourselves and our families. The question is, if you were to win the lottery, which would you choose?

You may now increase your chances of achieving your dream by playing several state lotteries online from the comfort of your own home. Simply log onto your official state website. These sites explain how to purchase tickets, and often times tickets can be purchased online so you can play most state lotteries from the comfort of your own home. You can also refer to official state websites for custom lottery news. Many sites offer lottery number generators to help make your lottery number picking easier for you. If you would like to purchase your tickets in person, you can also visit a local lottery terminal. You can also log onto Lucky Lotto for all your lottery needs. This site offers the player the opportunity to play most state lotteries from the comfort of their own home. Make sure to visit LuckyLotto for all of your custom lottery news and check out our new LuckyLotto lucky lottery number generator! No matter how you choose to purchase your tickets, or which tickets you choose to buy, you’re bound to have some fun!

Originally published here.