Super Bowl Sunday may now be the biggest DUI night of the year, surpassing New Year's Eve, St. Paddy's day, and other alcohol-soaked holidays. Law enforcement is on heightened alert for drunk drivers after the game. If you're drowning your sorrows because the Eagles lost or celebrating extra because they won, be sure to have a designated driver or Uber! Enjoy the game!!!!
UPLOAD.WIKIMEDIA.ORG
upload.wikimedia.org
A new fee has been added in Pa. to get your license back if you refuse the blood test after a DUI stop! If it's a 1st time DUI the fee is $500, if it's a 2nd time DUI the fee is $1000. This fee is on top of all of the other costs like fines and lawyer fees.
RICHARDPDAVIESLAW.COM
www.richardpdavieslaw.com
Be careful when filling out the paperwork to buy a gun. Over the last few years I've had several cases where the paperwork was innocently filled out wrong at the gun store, and my clients ended up getting charged with a felony. The improperly filled out paperwork is sent electronically to the State Police and criminal charges often result.
On the "Firearms Transaction Record Part I" form, a question is asked, "Have you ever been convicted of a crime where you COULD have been sent to jail for a year or more?" Many people either misread this question or don't understand it. Many misdemeanor crimes and all felonies have a potential sentence where the person COULD do 1 year or more in jail, even though the actual sentence was probation, house arrest or a less than a year in jail.
If you have a felony conviction, you can't legally buy a gun under any circumstances. If you have a misdemeanor conviction, before you try to buy a gun, talk to a lawyer to make sure you know what you're doing. DO NOT ask the clerk selling you the gun for advice, as it's unlikley they fully understand the law, and they won't be the one arrested. (Also, if you have a PFA against you, you can't legally buy a gun.)
CDN1.ATHLONOUTDOORS.COM
cdn1.athlonoutdoors.com
Do you know anyone who lost their driver's license because of a DUI? There may be some help available starting in Aug. to get back on the road legally. If it's a first time DUI, the driver may be immediately eligible for an ignition interlock license. If it's a 2nd or 3rd DUI, with a 12 or 18 mos. suspension, the driver may be eligible for an igntion interlock license after either 6 or 9 mos. If it's a 12 mos. suspension for refusal of the blood test, the driver may be eligible for an interlock license after 6 mos.
The driver doesn't need a lawyer to get this license. Simply contact PennDot.
DMV.PA.GOV
www.dmv.pa.gov
Naloxone, the heroin overdose antidote, is now available without a prescription in pharmacies, so anyone can buy it now. Pass the word to loved ones of heroin users who can keep the nasal spray in their home in case of an overdose. (I understand you can also buy Naloxone in an epipen but it's super expensive, like $500. I think you can get the nasal spray for about $40.)
In order to buy Naloxone, you'll need to speak with the pharmacist. If the drug store doesn't carry Nalxone, simply find one that does or ask the pharmacy to order it.
SOBERNATION.COM
sobernation.com
Is it ever ok to secretly tape or video record someone? In Pennsylvania the answer is no! If you record someone without their permission or knowledge, you've violated Pa.'s wiretap law and could be arrested. People do it all the time but are unaware they're breaking the law.
An attorney in Western Pa. and his client were recently arrested when the lawyer played in court a taped conversation between his client and another person where the other person didn't know the conversation was being recorded by the client.
A defense to this crime is if the person knew or "should have known" the conversation was being recorded. Best advice: never tape or video someone unless they know you're doing it!
