Legal Question in DUI Law in Pennsylvania

I have a DUI and the DA wants to give me 9 months in jail because of my juvenile criminal history. I thought they could only use this info if it was related to what im being charged with? My adult record only has one M1 on it so I figured id be ok untill now.


Asked on 9/29/09, 12:42 pm

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Your juvenile history is looked at for purposes of sentencing until you are 27. The current offense is not relevant to your prior record score; the current offense is only relevant to your offense gravity score.

If the offer from the DA is more than your guidelines and more then the mandatory minimum, you can always plea open. Most judges don't give more then the mando on DUI's unless you had a bad accident, acted like an ass to the cops, or were very far over the limit in third tier. If I get a DA that is being difficult, an open plea on a DUI is often a good answer.

The only thing I would think about: DUIs are very hard for the DA to make out at trial. If you have any issues, you may wish to fight. Good luck, brian [email protected] .

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Answered on 10/04/09, 6:58 pm
Michael Berman Law Offices of Michael A. Berman

What is your lawyer saying ???

If you have the PD, get an appointment with whoever they think will have this at the time it is next listed. Sometimes difficult to figure out, but you need to know why this is happening....

These offense are governed by statute and usually the sentence is pretty easy to figure out, especially for a guilty plea. If you think you are getting the shaft, you'll most likely need to hire a lawyer.

Mike

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Answered on 10/04/09, 9:39 pm


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