Tuesday, July 8, 2014

Fight Traffic Tickets and Moving Violations In Bucks County


If you have been cited for a traffic violation in Bucks County, you need to take it seriously. The consequences of ignoring a violation or being found guilty of a violation may be significant.  The knowledgeable and experienced traffic court lawyers at The Law Offices of Greg Prosmushkin, P.C. travel throughout the region to represent those who need traffic ticket representation.

It Is Possible to Fight Traffic Tickets and Moving Violations


Unfortunately, people have a tendency to dismiss traffic tickets as unimportant fines which they need to pay and ignore.  The problem is that most of these tickets have lasting consequences.  Aside from fines, most tickets carry points which can lead to increased insurance premiums and driver’s license suspension.

So don’t pretend traffic tickets are unimportant because once ignored you will have to live with the consequences.  There is simply no need to face the loss of your license if a lawyer can have the ticket dismissed or plead down on your behalf.  Hire a traffic court lawyer to handle your traffic matters today!  Tickets you need to consider contesting include:

Speeding tickets – These tickets come with varying points and financial penalties and can affect your driving privileges and insurance premiums.

Exceeding speed limit in a school zone – This ticket adds 3 points to your license and can impact your driving privileges and insurance premiums.

Racing and drag racing tickets – This ticket carries an automatic 6 month suspension of your license and will negatively impact your insurance premiums.

Red light tickets – This ticket adds 3 points to your license and can impact your driving privileges and insurance premiums.

Improper passing – This ticket adds 3-4 points to your license and can impact your driving privileges and insurance premiums.

Careless driving tickets – This ticket adds 3 points to your license and can impact your driving privileges and insurance premiums.

Reckless driving tickets – This ticket adds 5 points and carries an automatic 6 month suspension on your license and will negatively affect your insurance premiums.

Stop sign tickets – This ticket adds 3 points to your license and can impact your driving privileges and insurance premiums.

Failing to stop for a school bus – This ticket adds 5 points to your license and carries an automatic 60 day suspension of your license and will negatively impact your insurance premiums.

Driving with a suspended license tickets – This ticket carries an automatic one year suspension of your license and will negatively impact your insurance premiums.

Driving without a license tickets – This ticket carries a potential 6 month suspension for any second or subsequent offense within a five year period.

Driving without insurance tickets – This ticket carries an automatic 3 month suspension of your license and will negatively impact your insurance premiums.


Following Too Closely Traffic Ticket- Is defined as following another vehicle "more closely than is reasonably prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway."  

Unpaid Traffic Tickets- Filing a nunc pro tunc is your best chance as mitigating the effects of a collection of overdue tickets. 

CDL License Suspension - When it comes to CDL drivers, normally inconsequential traffic tickets can significantly impact your ability to drive a commercial vehicle. 

Construction Zone Ticket- The WZS law imposes strict penalties on drivers violating traffic laws in work zones. 

Illegal Turn Ticket- Certain violations for illegal turns can result in points on your record, fines, increased insurance premiums and potential suspension of license. 

Representation for Commercial Drivers

As important as it is for your average driver to fight traffic tickets, it is vital to the career of an individual with a Commercial Driver’s License (CDL) that they fight any and all traffic tickets.  Traffic offenses effect those with CDLs differently than they do other drivers, with the consequences typically being far more serious for CDL drivers.  Lesser offenses can result in the commercial driver’s loss of license and inevitably their job as well.  It is of paramount importance that a CDL carrier with traffic tickets contact an attorney to protect both their license and their job.

Why Do I Need a Lawyer?

Any person receiving a Traffic Violation needs to protect themselves.  A Traffic Ticket has both a criminal and a civil component to the case.  The criminal aspect has to do with the penalty for violation of the law.  The civil aspect has to do with your driver's license and ability to continue driving.  An attorney will evaluate the evidence and determine the best course of action in your case.

Call an experienced and knowledgeable traffic lawyer today.


 

Bucks County Driving Under the Influence



Understanding a DUI Arrest
In Bucks County, Driving Under the Influence (DUI) is a serious offense. In the state of Pennsylvania, a DUI constitutes as a criminal offense. This means that on top of fines, state surcharges, increased rates, and other financial costs that you may be facing jail time. Retaining a knowledgeable and successful DUI lawyer is a must. The Law Offices of Greg Prosmushkin, P.C. are conveniently located in both Trenton and Philadelphia and will aggressively protect your rights anywhere in the region. 

The process by which a DUI arrest is made is universal among most states.  Police use three phases by which to determine if a driver is intoxicated and assign a DUI.  These phases include: 

(1)   Vehicle in Motion:  Initial observations of the vehicle and observation of its stop.  The officer is looking for

-          Swerving

-          Driving in two lanes

-          Driving too fast or too slow

-          Stopped at a green light


(2)   Personal Contact:  The face to face contact and interview of the driver and observation of driver’s vehicle exit.  The officer is looking for

-          Slurred speech

-          Odor of alcohol

-          Glossy or bloodshot eyes

-          Erratic behavior 

(3)   Pre-Arrest Screening:  The psychophysical (field) sobriety testing (FSTs) and preliminary breath testing.  The officer is looking for

-          An inability to follow instructions on a first attempt and other behaviors and visual cues of intoxication.

Field Sobriety Testing (FSTS)

These tests are used by officers throughout the country to make a visual determination as to the intoxication of a driver.  It is crucial that you understand that the conviction of a drunk driver can be accomplished through EITHER these field sobriety tests or a breath test.  This means that you need an aggressive firm like The Law Offices of Greg Prosmushkin, P.C. to fight both in order to beat a DUI. 
Field Sobriety Tests are a specific battery of physical tests designed to provide an officer consistent clues as to a driver’s intoxication or sobriety.  In theory, the outcomes of these tests will allow an officer to make an accurate determination without any technological assistance.  However, this is flawed in that the tests are not scientifically conclusive and their accuracy is greatly diminished by environment and officer factors.  Poor weather conditions, un-level terrain, and officer error can


all contribute to inaccurate results.  If the officer makes mistakes in the administration of any of the tests, the conclusion and arrest become suspect. The One-Legged Stand (OLS), The Walk and Turn (WAT), and The Horizontal Gaze Nystagmus (HGN) are the standard tests, while many officers may also ask you recite the alphabet backwards.  These tests are designed to allow the officer to observe an individual’s movements, balance, coordination, and listening comprehension in order to make a determination as to potential intoxication.  But without appropriate instruction and administration it is extremely difficult to accurately assess a driver.

Possible Consequences of a DUI Conviction

-          Ticket fines


-          State surcharges


-          Insurance increase

-          Loss of license

-          Jail time

-          Criminal conviction
Pennsylvania has a program called the Accelerated Rehabilitative Disposition (ARD) which allows for first time DUI offenders to potentially resolve their matter without a DUI conviction.   An attorney can tell you whether you are eligible for the program, help you to resolve the matter with prosecutors, and to enter the program.

It is important to understand that DWI/DUI law is not treated the same in every state.  Between New Jersey and Pennsylvania specifically, a DUI in Pennsylvania is a criminal offense, whereas a DWI in NewJersey is a traffic matter.  As such, Pennsylvania will not recognize a New Jersey conviction because they reasonably refuse to apply a motor vehicle conviction as a criminal one.  In this situation, as well as most others involving an arrest in one state and residency in another, the consequences are that much more complicated.  The assistance of a knowledgeable attorney is vital in the management of such a case.

Why Do I Need a Lawyer?

An experienced attorney can:

-          Perform discovery:  obtain police reports, request available police video, analyze Breathalyzer data, review police certifications

-          Analyze the Field Sobriety Test and determine whether based upon police reports and available videos if “reasonable suspicion” existed for an officer to continue the Field Sobriety Test.

-          Evaluate whether Field Sobriety Tests were administered correctly by the officer.

-          Retain expert witnesses and reports

There are many steps in a DUI arrest.  The vast majority must be done correctly for the Commonwealth to make its case.  At the Law Offices of Greg Prosmushkin, P.C. we will find their mistakes and aggressively fight for you.