Pennsylvania DUI Penalties Charts

Pennsylvania DUI Penalties

Below is our Pennsylvania DUI Penalties Charts. Contact Kardos, Rickles, Hand & Bidlingmaier if you have any questions.

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New Jersey DUI Penalties Charts

See Our New Jersey DUI Penalties Charts, below

NJ DUI Penalties

In New Jersey, one may receive a citation for driving under the influence (DUI) for operating a motor vehicle or boar with a blood alcohol content (BAC) of .08% or greater.

Mandatory fines and penalties

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What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to perform to the standard of care that others in their peer group would administer. If they fail to properly diagnose a patient’s condition, the individual has the legal right to sue a doctor for substandard care. Negligence is not only defined as the failure to provide adequate care. Doctors can be held liable for actually inflicting harm to a patient when they prescribe the wrong medication or make a surgical mistake.

Establishing the Duty of Care

All medical professionals owe a duty of care to their patients and negligence or malpractice can occur when they improperly perform their duty out of carelessness. An injured plaintiff may choose to sue a doctor when they deviate from the standards set forth by others in the same field. For example, let’s say that you are admitted to the hospital for a routine operation. The anesthesiologist is tasked with administering the proper amount of medication to keep you under during the procedure. They may be held liable for damages when they breach their duty of care to the patient by giving the wrong medication or administering an overdose. Anesthesiologists are also responsible for properly monitoring the patient’s respiratory condition and other vital signs during surgery. Failing to do so can result in a medical malpractice claim against them. Negligence may be proven by testimony from other medical professionals who act in the same capacity that can testify that the duty and standard of care fell below what was required.

Breach of Duty & Standard of Care

When a person decides to sue a doctor or other healthcare professional, they must be able to prove the necessary legal elements in order for a case to go forward. These include:

• Duty owed to the patient—A doctor owes a duty to their patient when they have an established relationship. They are required to perform to a standard of care that others in their same field would have done.

• Breaching their duty—When a doctor fails to perform their duty at the required level and administers treatment below the standard of care, they may be found in breach of duty.

• Proximate cause—If the direct cause of the patient’s injuries were the result of the physician breaching their duty, the plaintiff has an established case.

• Damages owed to the victim—The injured patient may seek damages when the injuries were caused by the medical professional who breached the duty of care. Victims can recover both economic and non-economic damages and in some cases may be able to sue for punitive damages when the doctor’s conduct appeared to be willful in nature.

Filing a Medical Malpractice Claim

Medical malpractice continues to be a huge problem throughout the U.S. Many victims are left with debilitating injuries requiring life-long medical care. When you have been the victim of medical negligence, you should consult with an experienced medical malpractice attorney to examine the facts of your case. Contact Kardos, Rickles, Hand & Bidlingmaier for a free consultation.

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Pennsylvania Product Liability

Pennsylvania law recognizes multiple causes of action where someone suffers an injury due to a defective product. These types of cases are known as “products liability” cases.

A products liability action may succeed without any wrongdoing on the part of the manufacturer or distributor. To succeed in Pennsylvania, one must simply show “(1) that the product was defective, (2) that the defect existed when it left the hands of the defendant, and (3) that the defect caused the harm.” Putt v. Yates-Am. Mach. Co., 722 A.2d 217, 220 (Pa. Super. Ct. 1998). Thus, liability may result from what are known as design defects, manufacturing defects, or warning defects. Entire blog →

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What is a Restraining Order?

A restraining order provides protection against domestic violence. N.J.S.A. 2C:25-28(a). It provides protection against present or former household or family members, someone the applicant is currently or has previously dated, or someone with whom the applicant has a child or is pregnant by. N.J.S.A. 2C:25-19 (d).

New Jersey recognizes two types of restraining orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO).

A TRO may prohibit a defendant from returning to the scene of the domestic violence; forbid the defendant from possessing any firearm or other weapon; and direct the possession of any animal owned or kept by either party or a minor child residing in the household. N.J.S.A. 2C:25-28(j). A TRO may also permit the judge to grant custody over children and give exclusive possession of a home. Id. Entire blog →

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Facing An Act of Domestic Violence in New Jersey

When faced with an act of Domestic Violence, the State of New Jersey has a statute to protect victims. The New Jersey Domestic Violence Act, N.J.S.A. 2C:25-18, states that:

The Legislature finds and declares that domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; . . . It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide. Entire blog →

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Criminal Record Expungement – Your Chance at a Brighter Future

You’ve made some mistakes in your past, and you have made amends and taken your punishment. You are getting your act together and have made some great strides in straightening your life out.

The problem? Your past keeps coming back to haunt you.

Every time you apply for a job, you cringe because you know your potential employer is going to see your criminal record and probably pass you over for someone else.

You are trying to get your own place, but once the landlord sees your criminal history, you get a “sorry, I can’t risk renting to you” response.

It’s tough. You know you have turned your life around, but many people don’t see past the criminal record.

BRIGHT SKIES AHEAD, FOR SOME

The good news is, that for many, you can have your criminal record expunged. What this does is it removes your criminal record from public access. It will not show up on background checks or internet searches about your past.

This does not mean that it completely disappears. Your record is still accessible by law enforcement and other government agencies. Keep this in mind. If you find yourself in trouble again, they are going to be aware that this isn’t your first offense.

You should also be aware that some offenses are not eligible for expungement. In New Jersey, for example, there are 17 offenses that cannot be removed. They include:

  • Aggravated assault
  • Kidnapping
  • Homicide
  • Sexual crimes related to children
  • Robbery
  • Perjury
  • Terrorism

HOW CAN I GET MY RECORD EXPUNGED

Obviously, certain criteria need to met to request a criminal record expungement of your record. There are wait times, that vary for each type of crime, that must pass before you request they be removed. If you have multiple convictions, it may prevent you from requesting them to be removed from your criminal history.

In Pennsylvania, you complete an ARD (Accelerated Rehabilitative Disposition) program, unless you have received a notice from the court that you are exempt.

In October 2016, Pennsylvania added some offenses to the list of eligible expungements. Most second and third-degree misdemeanor offenses are eligible under the new law. There are some exceptions such as:

  • Impersonation of public servant
  • Witness Intimidation
  • Four or more convictions
  • Crimes involving sex offender registration
  • Simple Assault

Though you can represent yourself in an expungement case, you may want to think twice. The process can be complicated and involves several steps and requirements before you even get your case heard.

We have years of experience behind us and do this type of thing every day. We can do the legwork for you and will be with you through every step of the process. Your chances of success increase when you have an attorney experienced in record expungement working for you.

Please contact us to schedule a free consultation to discuss your case, and discover how we can help you clear your record and start to live the life you deserve.

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Trucking Accident Experts

Cliff Bidlingmaier is an experienced litigator when it comes to trucking accidents.  When dealing with trucking accidents an attorney must closely examine log books; bills of lading; time cards, black box data; delivery receipts; meal receipts, and toll/EZ-pass documentation.  This allows a timeline to be created for purposes pinning down times, speeds and rest periods.

The use of trucking industry experts, accident reconstruction experts, and mechanical engineers are vital to establish liability.  The driver’s history, medical records and personnel file must also be obtained and reviewed to see if there is a history of similar conduct or accidents demonstrating the driver’s lack of careful operation.  When driving a large tractor-trailer a heightened responsibility must be adhered to so that other drivers on the roadway are not victims of their negligence.  Federal Regulations specifically, 49 C.F.R. 383, sets forth the standards that must be complied with in order to obtain a Commercial Driver’s License.  The Federal Motor Carrier Safety Administration sets forth a multitude of regulations that must also be adhered to by the owners/operators of commercial vehicles, including but not limited to: Safety Fitness Requirements that must be met by drivers of Commercial Vehicles, 49 C.F.R. 385; Hours of Service that limit the amount of time a driver may operate a commercial vehicle and the hours of non-operation that must be adhered to on a daily basis, 49 C.F.R. 395; and Inspection, Repair, and Maintenance requirements that must be followed on a daily basis, 49 C.F.R. 396.

When dealing with situations surrounding trucking accidents experience matters. Call Cliff Bidlingmaier for your free consultation.

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Trenton pays $350K settlement for woman’s death in police lockup

Cliff Bidlingmaier along with co-counsel successfully resolved a prison suicide case. When dealing with injuries that take place in a jail or prison there are specific regulations that must be followed by the governmental agency. When suffering an injury as a result of being incarcerated contact Cliff Bidlingmaier for a consultation.

Click here: Trenton pays $350K settlement for woman’s death in police lockup.

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The Benefits of Record Expungement

One wild and crazy night on the town, an act of juvenile foolishness or a friend’s drunk I’ll-do-it-if-you-do-it dare: any of those things can result in a criminal record that follows you and affects all aspects of your life. Pursuing an expungement, which removes the record from the court history, is a legal process worth both time and money for four reasons:

Ease of employment: Given the choice, a prospective employer will choose someone with a clean criminal history, even if your record has only one minor incident. A clear criminal history shows a prospect stayed out of trouble and maintains lawful behavior at all times. Entire blog →

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