Robert J. Schefter Esq.

York's DUI Attorney

 

DUIresults.com

 Free  consultation: 717.747.9048

Results

Each case is unique based upon its own set of facts and circumstances.  Even cases appearing very similar may have different outcomes due to slight differences.  There are no guarantees or promised results made here or anywhere on this site.  The only promise is my best effort, relying on my knowledge, experience and results-driven mission.  This page highlights a small sampling of the results I have been able to achieve for my clients.


Not Guilty Verdict after Trial

Client wrecked his vehicle and got a ride home.  Police arrived at his house within a couple hours and charged him with DUI.  We presented credible evidence that client drank alcohol after the accident and not before, such that the Commonwealth could not prove beyond a reasonable doubt that he was under the influence at the time of driving. Not guilty.


Suppression Motion Granted- All Charges Dropped

The police stopped my client's vehicle because it was allegedly going too fast for conditions, which is a violation of the motor vehicle code.  The officer alleged my client was going 50-60 mph in rainy conditions, through a busy intersection, with pedestrians in the area.  My client was ultimately charged with DUI and other traffic offenses. I secured the in-car video through a discovery motion and then filed a pretrial motion alleging the stop was invalid in that the officer did not have probable cause to initiate the traffic stop.  I believed, after seeing the video, that my client was not traveling too fast, and that the conditions as alleged by the officer did not exist.  At the hearing, I played the video, cross-examined the officer in detail to contrast what he said happened with what was actually shown in the video, and presented legal arguments citing relevant appellate case law.  The Judge agreed with me that the stop was invalid and violated my client's rights against unreasonable searches and seizures.  The Judge granted my suppression motion, and all DUI charges and traffic offenses were dropped.


Resisting Arrest- Not Guilty Verdict After Trial

Although DUI work is the bulk of my practice, I recently handled a highly publicized resiting arrest case that was caught on video.  The police alleged my client resisted arrest, and as a result he was taken to the ground forcefully, kneed in the ribs and tased twice.  My client suffered multiple broken ribs and contusions.  After a trial, the Judge ruled in our favor, finding my client was not guilty of resisting arrest. There is a Federal civil rights lawsuit against the officers for their handling of the incident.


ARD Acceptance after initial rejection

Some of the most satisfying cases are those in which I am able get a client into ARD after the application is initially denied.  The ARD program is run by the District Attorney's Office, and the DA has discretion in deciding who gets into the program and who does not.  The DA has many rules and policies in place to help him determine who is eligible for admission into ARD.  Sometimes I disagree with the DA's decision to exclude my client from the program.  In those intances, I will ask the DA to take a closer look at the case and reconsider his decision.  In more cases than I can list here, I have been able to convince the DA to admit my client into the ARD program upon reconsideration.

I am sure there are attorneys handling DUI cases who don't make every effort to get their clients into ARD or even know how to go about requesting reconsideration from the District Attorney.  I believe it is my duty to go the extra mile for my clients and do everything possible when it comes to pursuing the best outcome in their case, and lots of times that is making sure the DA gives full and fair consideration to admission into the ARD program.


DUI Charges Dismissed

My client was pulled over after allegedly not using a turn signal and was ultimately charged with DUI.  I filed a pretrial motion alleging the stop was invalid because my client did not need to use a turn signal at his  location.  At the time of the hearing, the Commonwealth agreed with my position and dropped all charges.


DUI Charges Reduced

I filed a motion for complete discovery, including the in-car camera video.  After reviewing the video and researching the jurisdictional boundariesof the arresting officer's department, I filed apretrial suppression motionarguing that the officer was outside of his jurisdiction when he began his pursuit.  After a hearing, the Judge stated it was a very close case, but denied my motion.  As I was preparing my appeal, the DA conceded that the case could go either way on appeal.  Therefore, we reached a plea agreement where my client plead guilty to a lesser DUI that involved no license suspension or jail time.  Sometimes a perceived loss can turn into a win for the client.


Prescription Drug DUI Charges Dropped

In a highly publicized and tragic case, my client was involved in a traffic accident that resulted in the death of another motorist.  My client pulled out from a legal stop and did not see the other motorist approaching, resulting in the collision.  My client had a number of legally prescribed drugs in his system, all at the prescribed dosage levels, and had a zero alcohol level.  He showed no signs of physical impairment, but was charged with DUI based on the prescription drugs.  I hired a physician to review the case, who rendered the opinion that the drugs did not impair my client and did not contribute to the cause of the accident.  We challenged the case at the preliminary hearing, and the District Justice dismissed the charges.  The District Attorney refiled the charges (which they can do), and we were all set to have another preliminary hearing, this time with the DA having his own medical expert.  Instead of having the hearing, however, the DA and I sat down and took a hard look at the evidence.  To the DA's credit, and that of both experts, it was agreed that, despite the tragic accident, my client was not guilty of DUI.  The DUI charge was dropped.


Treatment instead of Jail Time

Sometimes the most appropriate sentence is for a client to complete an inpatient drug/alcohol program instead of serving a jail sentence. As long as the DA and Judge are in agreement and the treatment facility is licensed and approved for drug and alcohol addiction counseling, a client may be eligible for day-for-day credit against a jail sentence for overnight inpatient treatment programs.  I have been able to accomplish this outcome for many clients who have been diagnosed as having a drug/alcohol dependency and recognize the need for treatment.  The Court and the DA recognize and agree that, under the right circumstances, the client, the justice system, and society as a whole are better served by proper treatment and recovery of the individual, as opposed to incarceration.