What happens if you refuse to take a breath test following a PA DUI stop?

Posted by Zachary Zawarski in DUI on March 22, 2011 | Comment »

Some people are misguided into refusing take take a breath, blood, or urine test when they get arrested for a DUI. Someone always has a friend who convinces everyone that there is a €œConstitutional right” to refuse a breath, blood, or urine test and doing so can help you €œget away€ with drinking and driving. While it is true that you do have the right to refuse a breath, blood, or urine test, it is not without consequences.

This is because Pennsylvania is an implied consent state. When you receive your driver’s license, you give your consent to take a chemical test if you are pulled over on suspicion of drinking and driving.

If you refuse to take a breath, blood, or urine test in Pennsylvania following a DUI arrest, you will have your license revoked a minimum of one year and will face three days in prison. The administrative license suspension is also in addition to the sentence that you will receive for your DUI if you are convicted.

If you are pulled over for a DUI in PA, police officers are required to read you the Implied Consent Notice, informing you of your rights as well as the penalty for refusing to take the breath test. If the officer did not inform you of these consequences, an attorney can help you defend your administrative suspension.

Once you refused to be tested following a DUI arrest, the arresting officer will send Notice of Refusal (Form DL-26) to PennDOT. PennDOT will then send the person a letter stating that they must turn in their license within 30 days of the date of the letter. During this time, the driver has a chance to appeal. You have just 30 days to appeal from the date of this notice so speak with an attorney immediately. To speak with a Lehigh Valley DUI attorney, please call (484) 362-9286.

What is ARD? How does ARD work?

Posted by Zachary Zawarski in DUI on | Comment »

ARD stands for Accelerated Rehabilitation Disposition. It’s a program in Pennsylvania for first-time DUI offenders. Even if this is your first DUI, Pennsylvania law requires a mandatory minimum sentence of two days of jail unless the Defendant successfully completes ARD. However, by being accepted into and completing ARD, you may be able to avert jail.

To see if you will qualify for ARD, you will need to seek the counsel an attorney since different counties in PA have different requirements. Generally, if this is your first DUI offense, you should qualify provided that your DUI did not result in an accident causing injury or death and a child under the age of 14 was not in the vehicle.

If you are accepted into ARD, you’ll still have to pay court costs and fees, your license can be suspended from 30 to 90 days, you’ll be under probation for a certain period of time, and you’ll have to enroll in an alcohol highway safety class at your cost. However, if you successfully complete the program, your DUI charge will be dismissed and you will not have a DUI on your criminal record. If you fail to fulfill the program requirements, you’ll be prosecuted for the DUI.

ARD is strongly recommended for most first-time DUI offenses, but a plea bargain or fighting the charges in court are also options for you. To see what option is best for you, please call (484) 362-9286 for a consultation.

What happens when you take a PA DUI case to trial?

Posted by Zachary Zawarski in DUI on | Comment »

If you are looking to fight a DUI charge, you’re probably interested in what the process is from your not guilty plea until the jury’s verdict is delivered. Between the time of your not guilty plea and the time of your trial, your DUI defense attorney will seek discovery in order to access information that the District Attorney will use against the Defendant. Additionally, your DUI defense attorney has an opportunity to file pre-trial motions that will affect your case at trial.

Examples of pre-trial motions would be a motion to suppress certain evidence or statements that are sought to be used against you. Common examples of evidence that may be suppressed is if you confessed to drinking and driving without being read your Miranda rights or if the police failed to follow the required procedure in administering a field-sobriety test.

Prior to your trial, the prosecutor and defense counsel then select a jury. The trial starts with opening statements from each side, followed by the direct and cross examination of witnesses, followed by each sides closing argument.

If you intend to fight your DUI, ask your counsel if any evidence used could be suppressed through the use of pre-trial motions. Contact me at (484) 362-9286 for a consultation.

When Registering a Fictitious Name Filing is Required For LLCs

Posted by Zachary Zawarski in Business Law on March 4, 2011 | Comment »

Choosing a business name is an important step in forming your business. There is a lot of confusion over how to properly register your business name or trade name. The first thing you’ll want to do is file an LLC. If you are unsure about what you want to name your business or you are stuck between two names for your business, that is alright because if you ever want to operate business under another name, all you have to do is file a Fictitious Name Filing with the Department of State.

The first thing to understand is that a single LLC can operate several businesses. A separate LLC is not required for every business that the LLC operates. If a single business entity wants to operate multiple businesses, all the business would have to do is file a Fictitious Name Filing, also known as an Assumed Name Certificate or Doing Business As (DBA) Certificate.

This is commonly used if a single LLC is operating multiple businesses. For example, if John Smith Enterprises, LLC is both a plumber and electrician and does business under John Smith Plumbing Company and John Smith Electrical Company, John Smith should form a single LLC and file two fictitious name filings for John Smith Plumbing Company and John Smith Electrical Company in order to avoid the costs and complications of having two separate LLCs.

Another reason to file a Fictitious Name Filing is if a business is operating under a name other than it’s registered LLC name. For example, if you are operating a grocery store and the name of your LLC is John Smith Grocery Stores, LLC, but you decide to conduct business under another name such as “Superfresh,” Superfresh should be filed as a fictitious name so the public can see that Superfresh and John Smith Grocery Stores, LLC are the same entity. If the business decides to use the LLC name as its store name, then a Fictitious Name Filing would not be required. However, if the business wants to conduct business without the LLC in its name, a fictitious name filing should be submitted.

If you looking to form a business in Pennsylvania or ensure that your business is legally registered, please contact me by calling (484) 362-9286.

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How Do Separation Agreements Affect Unemployment Benefits?

Posted by Zachary Zawarski in Unemployment Benefits on | Comment »

In many circumstances, employees are often asked to resign and sign a Separation Agreement with their employer. Several clients have asked me how this will affect their ability to collect unemployment benefits.

In Pennsylvania, employees who voluntarily quit or are terminated for willful misconduct are not entitled to receive unemployment compensation. However, when a company forces an employee to resign (“resign or you’re fired”), although it seems like a termination, a resignation could be construed by the PA UC office to mean voluntarily quitting and unemployment benefits would be denied. Since you believe that you are being forced out by the company, you will want to protect yourself before signing a Separation Agreement.

When the employer is contacted by the PA UC office to obtain evidence and documentation concerning the termination, the employer would be able to state that the employee resigned, which would lead to the employee being denied unemployment benefits under Section 402(b) requiring an appeal.

If you find yourself in this predicament, contact an attorney. You’ll want to get two things in writing: (1) a statement that you you are not resigning, but are being terminated without cause; and (2) a statement that the employer will not contest your unemployment benefits. Call me at (484) 362-9286 if you would like a Separation Agreement Review.

Whether benefits are denied by the Pennsylvania Department of Labor upon an employee’s application for benefits will depend on who the Service Center determines who initiated the end of the employment relationship. If end of employment was initiated by the employee, benefits would be denied unless the employee had necessitous and compelling reasons for leaving the employer. However, if the end of the employment relationship was initiated by the employer, the employer will have the burden to establish willful misconduct.  If your benefits are denied by the Service Center after signing a Separation Agreement, please contact me at (484) 362-9286 to discuss your case.

Zachary Zawarski is an employment and labor law attorney located in Bethlehem, PA.

Do PA UC benefits have to be returned if you lose an appeal?

Posted by Zachary Zawarski in Unemployment Benefits on March 3, 2011 | Comment »

In Pennsylvania, if you began receiving unemployment benefits and the employer appeals, you may be wondering if you have to repay your UC benefits if you lose the appeal.

In PA, if the eligibility determination granting you UC benefits is reversed, you will have to repay the benefits you received only if you were paid benefits through your own fault. If UC payments were made and you are not at fault for that, you do not have to repay your UC benefits, but your the amount you were overpaid will be deducted from future benefits that you may receive.

When completing the questionnaire when applying for unemployment benefits, answer each question truthfully and honestly to the best of your knowledge. One of the few circumstances where the Department of Labor will ask for you to return your unemployment benefits is if the employee knowingly submitted false information in order to obtain unemployment compensation.

If you have any questions about PA UC law, call (484) 362-9286.