Frank Walker Law
  • Home
  • Attorney Profile
  • Criminal Defense
  • Personal Injury
  • Testimonials
  • Contact Us
  • Call Today

    Call Today

  • Email Us

  • Our Map

  • Menu

    Home
    Attorney Profile
    Criminal Defense
    Personal Injury
    Pittsburgh Criminal Defense Blog
    Case Results
    Excessive Force
    Have You Been Arrested?
    Legal Tips
    Media Center
    Testimonials
    Video Center
    Free Legal Evaluation
    Contact Us
    Site Map
Call To Schedule An Appointment 412.212.3878 Phones Answered 24/7 West Virginia Criminal Defense Attorney
  • Best Law Firms in Americal
  • National Trial Lawyers: Top 40 Under 40
  • National Trial Lawyers: Top 100 Trial Lawyers
  • American Association of Attorneys: Premier DUI
  • National Black Lawyers: Top 100
  • National Academy of Criminal Defense Attorneys
  • Global Law Experts
  • Rue Ratings: Best Attorneys of America
  • DUI Defense Lawyers Association
  • American Institue of Criminal Law Attorneys: 10 Best 2015 Client Satisfaction
  • National College for DUI Defense
Pittsburgh Criminal Defense Blog 2014 December Timing is Everything: The New Pennsylvania DUI Law on Subsequent Offenses
Previous Post  |  Next Post

Timing is Everything: The New Pennsylvania DUI Law on Subsequent Offenses

Posted By Frank Walker Law || 31-Dec-2014

Effective December 26, 2014 the new version of 75 Pa.C.S.A 3806(b) has been amended to state that calculation of prior offenses shall include any conviction, "whether or not judgment of sentence has been imposed for the violation." Before this new amendment, an individual could commit multiple DUI offenses in a short period of time, and have them sentenced together with all being considered 1st DUI offenses. This new amendment changes everything.

However, the amendment also has the potential to have far more severe and unintended consequences. For example, let's say a Defendant has three 1st offense DUI charges within the span of a month, and enters a plea on all three at the same time, and is sentenced on all three at the same time. A literal interpretation of the law would indicate that all 3 offenses be treated as 3rd offenses. Depending on the DUI subsections violated, this could mean as much as a mandatory minimum of a year on each offense!

This is a staggering difference in penalty from 3 1st time offenses. However, since the law has just went into effect, the court has yet to fully determine how the statute will be interpreted when challenged on appeal.

This potentially has the unintended effect of incentivizing delaying plea dates for subsequent offenses until after sentencing on previous offenses, contrary to current common practice.

Obviously anyone dealing with multiple DUI offenses needs an Attorney with the ability to understand the finer points of the new law. You need an attorney you can count that has experience not only in Criminal Law, but with a strong, experienced focus on the specifics of DUI law as well. Frank Walker, is a talented, experienced professional who can navigate the murky waters of the changing DUI laws.

Call him today at 412-532-6805 for a consultation! Don't Delay! Remember when it comes to a serious charge like DUI, every second counts!

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Categories: Criminal Defense, Criminal Defense News, DUI

Share Post

Recent Posts

  • Pittsburgh Criminal Defense Attorney takes a HUGE Stand Against Violence
  • Free Ride for Labor Day, College Football and Back to School Weekend!
  • Frank Walker Law Sponsors AAU Perseverance Team
  • Local Attorney Supports College Tour for High School Students
  • Wakanda in Pittsburgh! Local Attorney Sponsors Wakanda Themed Mardi Gras to Assist Family Fire Victims
  • Frank Walker Law Labor Day FREE RIDE PROGRAM
  • Happy Independence Day!
  • Law Firm Supports 50 Finest Honoree and Fellow Lawyer With Largest Single Donation To Date

Criminal Defense

How Can We Help You?

  • Do I Need A Criminal Defense Attorney?
  • Not from Pittsburgh?
  • Appeals
  • Criminal Defense FAQ
  • Arrest Warrants
  • Bail Bond Hearings
  • Bench Warrants
  • Casino Crimes
  • Conspiracy
  • Drug Crimes
  • DUI
  • Expungements
  • Fake ID
  • Federal Crimes
  • Grading Offenses
  • Internet Crimes
  • Juvenile Crimes
  • Kidnapping
  • Perjury
  • Pittsburgh College University Students
  • Preliminary Hearings
  • Probation Violations
  • Property Crimes
  • Prostitution and Promoting Prostitution
  • Public Urination
  • Resisting Arrest
  • Sex Crimes
  • Stages of Criminal Court
  • Summary Offenses
  • Theft Crimes
  • Traffic Offenses
  • Underage Drinking
  • Violent Crimes
  • Weapons - Firearms
  • Washington County

Contact Us Today

Request your free, confidential case analysis.

Send
My
Info
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Frank Walker Law

Call Today (412) 212-3878

Frank Walker Law - Pittsburgh Criminal Defense Lawyer
239 Fourth Avenue, Suite 1503, Pittsburgh, PA 15222 View Map
Main (412) 212-3878
Local (412) 315-7441
Website: http://www.frankwalkerlaw.com/
© 2019 All Rights Reserved.
Internet Marketing Experts