DUI
At The Law Office of John M. Ogden we are dedicated to defending your rights when it comes to DUI defense. Attorney John Ogden has been practicing law and defending DUI defendants' rights in York County, Pennsylvania since 1993. He focuses on finding ways to creatively solve his clients' legal issues in an effective and efficient manner. Attorney Ogden won a Supreme Court of Pennsylvania case which has changed the way in which DUI defendants are sentenced for multiple DUI offenses, until legislation changes the result. Com v. Haag. Attorney Ogden is a founding member of the Pennsylvania Drunk Driving Defense Association (PADDDA.COM) and a member of the National College for DUI Defense (NCDD.COM) and the DUI Defense Lawyers Association (DUIDLA). Click to see the NCDD website. These organizations provide training and resources to win case and defend our clients. Attorney Ogden has attended intense and advanced sessions training by these organizations at locations including Cambridge MA, Hollywood, CA, Miami, FL and Nashville, TN to name a few. 
Attorney Ogden has completed the training to receive his certificate as an instructor in Standard Field Sobriety Testing created by the National Highway Traffic Safety Institute (NHTSA). Attorney Ogden also completed a NHTSA ARDIE (Advanced Roadside Impaired Driving Enforcement overview class. This helps to assure that your case is analyzed properly and that every defense possible is used in your favor.
Attorney Ogden is a member of several organizations dedicated to the defense of DUI cases to ensure justice under the Law. Attorney Ogden is a member of numerous professional organizations designed to enhance his skills and training to provide world class service.
Defense — Close Up on Young Businessman Wearing Handcuffs in York, PA

FREQUENTLY ASKED QUESTIONS

How can I look-up my case on the computer?

In Pennsylvania, docket entries of all adult criminal cases are public and can be found at PA Docket Entries .

Do I need a Drug & Alcohol Evaluation for a DUI case?

Yes. The courts have recently made a Drug & Alcohol Evaluation, commonly called a "D&A Eval" a requirement to enter the ARD program for a DUI. It is best to have this D&A eval done as soon as possible after the arrest. In the event that your application for ARD is denied, we can ask the District Attorney for a Reconsideration. One of the factors in the DA's decision is when the D&A Evla was done and when did treatment begin. We refer our D&A evals to White Deer Run York Assessment Center, which is located in our building for your convenience.
White Deer Run Logo

Can a driver talk his/her way out of a DUI arrest?

No. In my experience talking to the police simply makes the matter worse. The police can use your statements against you in court. In almost all cases where the driver speaks to the police, the statements are used against the driver's interests. If the police made the decision to arrest, the chances of changing the officer's mind are extremely low. The police usually wait until the blood test is returned from the laboratory before filing the charges.
Our advice is to be polite, answer simple questions such as your name and address and where you are coming from and going to. Beyond that any statements you make are at your own risk. Remember, the police are watching and listening for anything to use against you. They are highly trained and deal with people in these situations every day. Here is a tip. The police frequently ask suspects what time it is. If the person does not know or is way off, that fact is noted in the report and can be used against the defendant at trial. If you are stopped by the police, glance at the clock in your vehicle so you know what time it is. It may sound small, but small details add up.
DUI Defense — Law Concept With Gavel and Themis in Background in York, PA

Do I need a Drug & Alcohol Evaluation for a DUI case

Our advice is to be polite, answer simple questions such as your name and address and where you are coming from and going to. Beyond that any statements you make are at your own risk. Remember, the police are watching and listening for anything to use against you. They are highly trained and deal with people in these situations every day. Here is a tip. The police frequently ask suspects what time it is. If the person does not know or is way off, that fact is noted in the report and can be used against the defendant at trial. If you are stopped by the police, glance at the clock in your vehicle so you know what time it is. It may sound small, but small details add up.

Can a driver be stopped by the police for any reason?

No. The police cannot stop the driver of a vehicle for any reason. The police must establish probable cause to establish a proper stop. There are basically three ways the police can establish probable cause to justify the stop of a vehicle. First, is the police suspect that the driver is impaired. Second, if the there is a violation of the vehicle code. Third, if there is reason to believe that a crime is afoot. There are some exceptions, such as accidents, complaints made to the police about a driver, etc.
When a client comes to a DUI offense or any traffic stop, the first step is to find out why the vehicle was stopped and if it was legally stopped. Sometimes, the evidence can be dismissed before trial if the stop was illegal. This is the best defense to a DUI or driving under suspension charge.
Drivers License — Guy Arrested by the police in York, PA

Is a driver REQUIRED to participate in the STANDARD SOBRIETY FIELD TEST?

No. There is no law in Pennsylvania requiring that a driver participate in the field sobriety tests. These tests generally consists of a one-legged stand for up to 30 seconds, the walk-and-turn test, the horizontal gaze nystagmus (HGN) test and a preliminary breath test (PBT). These tests are designed to test the driver's attention and coordination. The theory is that an unimpaired driver could perform these tests properly and that an impaired driver cannot. It is important to remember that these tests are administered by the police officer and graded by the police officer. Moreover, most people are nervous when asked to perform these tests. The tests are generally administered along the road, with traffic driving by and with one or more police officers watching the driver.
I recommend that a driver asked to perform these tests politely decline. These tests are a form of self-incrimination. The results will be used against you. The police cannot compel a driver to take any of these tests.
The request for blood, breath or urine sample is a different matter. Refusing to take those tests, upon request of the police will result in a driver's license suspension. The police need reasonable cause to ask a driver to submit to a blood, breath or urine sample for testing. Generally, if someone admits to drinking alcohol or there is an odor combined with other factors of intoxication, the reasonable cause standard will be met.

Can a person be charged with a DUI request an INDEPENDENT BLOOD TEST?

Yes. We frequently ask the Court for permission to have the blood sample re-tested by a laboratory that we use and respect. Sometimes, there is discrepancy between the test results. In a borderline case, this can be a very good negotiating tool.

Can a driver be charged with a DUI if he/shes BLOOD ALCOHOL LEVEL is below .08%?

Yes. This happens more frequently than most people realize. A typical case is when a driver is stopped by the police for a minor traffic infraction, such as a burned out light. The police officer smells alcohol or has reason to believe that the driver has consumed drugs or alcohol. The police officer has the driver perform the standardized field sobriety tests (SFSTs) and decides that the driver has failed one or more of the tests. The officer then asks the driver to submit to blood testing. At the hospital, the BAC% level is below .08%. The driver is charged with DUI. Everyone knows that the "legal limit" is .08%, right?
No. There is a section of the DUI law, 3802(a)(1) which states that no amount of alcohol is necessary for a conviction. If the driver cannot operate a vehicle safely due to consumption of alcohol, the driver may be convicted of DUI.

Can the Police Search your car without a SEARCH WARRANT?

On April 29, 2014, the Supreme Court of Pennsylvania said yes to that question. "We hold that, in this Commonwealth, the law governing warrantless searches of motor vehicles is coextensive with federal law under the Fourth Amendment. The prerequisite for a warrantless search of a motor vehicle is probable cause to search; no exigency beyond the inherent mobility of a motor vehicle is required. The consistent and firm requirement for probable cause is a strong and sufficient safeguard against illegal searches of motor vehicles, whose inherent mobility and the endless factual circumstances that such mobility engenders constitute a per se exigency allowing police officers to make the determination of probable cause in the first instance in the field."
Com. v. Gary , 91 A.3d 102, 138 (Pa. 2014)

Smile, you may be on CAMERA!

Many police departments and most State Police in Pennsylvania have cameras in their police cars. These cameras generally turn-on when the Trooper's lights are turned-on. The Trooper or police officer does not have to tell you, and will not tell you, that you are being filmed. However, always act as though you are on camera. Be polite and do not do anything that you would not want a jury to see later. Many times the camera can actually assist your defense. Attorney Ogden recently had a criminal jury trial where the police videotape was used by him to create reasonable doubt in the mind of the jury.
IF YOU HAVE A DUI QUESTION OR HAVE BEEN CHARGED WITH DUI, CALL US! Don't take a chance with something as important as a DUI charge or any criminal charge. Call the experts. We handle DUI and criminal cases every day. We have been practicing DUI law and criminal law since 1993.
Just as you would consult a doctor if you had a serious medical problem, don't wait to consult a lawyer experienced in DUI law and criminal law with a track record of proven results in difficult cases. Call us at (717) 846-0550.
We will give you honest straight forward advice and let you make the ultimate informed decision in the case.

Accident — Girl Arrested by the Police in York, PA

Are the TINTED WINDOWS on your vehicle Legal?

Maybe not. The Superior Court of Pennsylvania has recently held that tinted windows are not per se illegal. A man was stopped in Camp Hill Borough and cited for having his car windows tinted. He argued that Pennsylvania law simply prohibits sun screening which does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window of the vehicle.
The police officer used a light meter to measure the amount of light per state regulations. He found that much less light than the 70% required by law was passing through the driver's windows. The driver was cited for having illegally tinted windows. The Superior Court agreed that the PA State Regulations were incorrectly applied and constituted an unreasonable interpretation of the state sun screening law.
If you have been stopped by the police for having tinted windows, call John Ogden to see if you qualify for relief. Many times the police will stop a driver for having tinted windows, but cite the driver for other offenses. These additional charges may be quashed if the initial stop was illegal.

Do You Qualify For the ACCELERATED REHABILITIVE DIPOSITION (ARD) Program?

The ARD program is offered to certain offenders who have no significant criminal record. This program offers a driver charged with a DUI offense to perform community service and attend certain classes in exchange for a shorter driver's license suspension and expungement of the charges upon successful completion of the program. The details can be viewed at the York County District Attorney's Website.
If you have been denied ARD , contact us and we will seek reconsideration by highlighting the reasons why you should have been accepted into the program. We have had success in persuading the District Attorney to change his mind when the facts and circumstances warrant admission into the ARD program.

Can a driver be arrested for having prescription drugs in his or her system?

Yes. In recent years, drugged driving arrests have surpassed for driving while impaired by alcohol alone. Drugs that affect the Central Nervous System (CNS) can result in a DUI, even if prescribed.

http://www.columbusrecoverycenter.com/the-dangers-of-drugged-driving/

CNS depressants, sometimes referred to as sedatives and tranquilizers, are substances that can slow brain activity. This property makes them useful for treating anxiety and sleep disorders. Among the medications commonly prescribed for these purposes are the following:

Benzodiazepines, such as diazepam (Valium) and alprazolam (Xanax), are sometimes prescribed to treat anxiety, acute stress reactions, and panic attacks. The more sedating benzodiazepines, such as triazolam (Halcion) and estazolam (ProSom) are prescribed for short-term treatment of sleep disorders. Usually, benzodiazepines are not prescribed for longterm use because of the risk for developing tolerance, dependence, or addiction.

Non-benzodiazepine sleep medications, such as zolpidem (Ambien), eszopiclone (Lunesta), and zalepon (Sonata), have a different chemical structure, but act on some of the same brain receptors as benzodiazepines. They are thought to have fewer side effects and less risk of dependence than benzodiazepines.

Barbiturates, such as mephobarbital (Mebaral), phenobarbital (Luminal Sodium), and pentobarbital sodium (Nembutal), are used less frequently to reduce anxiety or to help with sleep problems because of their higher risk of overdose compared to benzodiazepines. However, they are still used in surgical procedures and for seizure disorders.

Below is an excerpt from the Pa DUI statute concerning drugged driving:

75 Pa.C.S.A. § 3802
§ 3802. Driving under influence of alcohol or controlled substanceEffective: May 11, 2006

(d) Controlled substances.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual's blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64),1 known as The Controlled Substance, Drug, Device and Cosmetic Act; (ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or (iii) metabolite of a substance under subparagraph (i) or (ii). (2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. (4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
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