DUI Injury

In Pennsylvania, there is something called “an accident enhancement.” With an accident enhancements, the district attorney can increase the sentence against you to a higher tier of intoxication if you are at the lowest tier if there was an accident. Pennsylvania also has special felony versions of DUI if there is a DUI accident. This is called Aggravated Assault by Vehicle While DUI. If there is a death, then the DA can charge the motorist with either Homicide by Vehicle While DUI or DUI Murder. If there is no DUI, but a serious injury while you are behind the wheel, the DA can charge you with Aggravated Assault by Vehicle. If there is a death but no DUI, then the DA can charge you with Homicide by Vehicle.

Unfortunately, the way the law is structured, even if you were not the cause of the accident, you can be charged with that accident enhancement. If you are driving under the influence and are rear-ended at a red light, you can be charged with a higher sentence because you were under the influence. Because you were involved in a vehicular accident allows the district attorney to charge you at the high tier. The only way to avoid an accident enhancement or avoid a felony conviction is to know DUI laws in PA and to have a lawyer who will fight the DUI.

DUI laws in PA require the District Attorney to prove their theory of the case and the accident sentencing enhancement or the elements of the felony beyond a reasonable doubt. Without proof, the accident enhancement and the felony DUIs can be thrown out. If the District Attorney cannot prove your guilt in the DUI charges in PA, you cannot be charged with the accident enhancement.

DUI injury cases can influence every aspect of your life, so make sure you have an experienced PA DUI lawyer who will fight DUI charges in PA. The McShane Firm attorneys are well-versed in PA drunk driving laws and can fully evaluate your case for sentencing and felony enhancements to help eliminate or reduce the PA DUI charges against you. Our knowledgeable staff is ready and able to aggressively fight for your rights. There is hope if you have been charged with a DUI in Pennsylvania with injury charge.

The McShane Firm recommends seeking out a qualified DUI laws in PA attorney to review the details your drunk driving in Pennsylvania and injury case. The McShane Firm can review the facts and chart out a course of action to make sure you are treated fairly and are not sentenced with sentencing enhancements that are unfair or poorly justified. Contact us today to set up a consultation to review your case.

This article is for informational purposes only. It neither constitutes nor implies an official legal opinion on behalf of The McShane Firm, LLC, nor any attorney-client relationship of any kind. The McShane Firm strongly urges seeking professional counsel before acting upon any information contained herein.

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Justin is a serious attorney who understands and empathicizes with the clients he represents. He studies the law and criminal trial practice techniques continuously. His level of dedication to knowing any and every angle for winning his clients’ cases is refreshing, especially when I see so many attorneys ready to plead their clients guilty at the first court appearance. For an attorney in the first decade of law practice, I don’t know how any Pennsylvania attorney could be better prepared for handling DUI and criminal matters than Justin. He walks the walk and talks the talk — of acquittal.

- Attorney William C. Head, Senior Partner, Head, Thomas, Webb & Willis, LLC

You want an educated advocate to fight for you on your DUI case? Call Justin. I know Justin from the National College for DUI Defense Attorneys. Justin knows the science and the law behind DUI prosecutions. Justin is a top shelf DUI defense attorney.

- Attorney Timothy Bussey, Colorado Springs CO

David and I are members of the National College for DUI Defense. This is an organization focused on sharing the best information among the best DUI attorneys in the country. We met during the most intense DUI blood seminar this year. The course was taught by world-class forensics professionals. Only about 40 of the brightest DUI attorneys throughout the U.S. could make it through the final exam. David was one of the few.

- Attorney Gary Pirosko, Denver CO

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101
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13
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5
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5
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Of those, who received training in Drugs that Impair Driving (Drug Recognition Expert training) as recognized by the National Highway Traffic Safety Administration
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2
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1 – Attorney McShane

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