Driving Under the Influence is one of the most devastating crimes for which an individual can be charged.  Unlike many other crimes, DUI may involve driver’s license suspensions, insurance cancellation, mandatory drug and alcohol assessments and treatment, and mandatory imprisonment.

The new DUI statute enacted in 2004 further complicates the law, enhances many penalties, and attempts to limit defenses.

Many people believe that political pressure on law enforcement for DUI arrests, and financial considerations (due to the many assessments, costs, fees and mandatory fines) made DUI cases a wonderful source of revenue for the government.  DUI offenders arguably are placed in the position of supporting various bureaucracies in the court system.  Many traffic stops of DUI offenders involve no accidents and no egregious driving and, in fact, many arrests are being made on motorists who have pulled over and stopped their vehicles or have made it home into their own garages.

YOU PAY YOUR LAWYER FOR HIS EXPERIENCE AND EXPERTISE

Jack W. Cline

• 21 years trial experience
• Over 1,000 DUI cases handled in Mercer, Lawrence, butler, Crawford, Venango and Allegheny counties appearing before more than 50 magistrates and Judges.
• 72 Jury DUI trials with less than half resulting in sustained convictions
• 24 Acquittals
• 8 Hung Juries/Mistrials
• 7 Convictions reversed on Appeal
• Familiar with Policy and Procedure of District Attorney’s offices and Court Systems in Western Pennsylvania Counties
• Several Bench Trials followed by Appeals to Superior Court have resulted in convictions being reversed:

a)   Commonwealth v. Ferry, 479 WDA 2003 (Pa. Superior Court).  Stop of motorist veering into turn lane on 3-lane highway and back into his own lane was ruled a bogus stop by police and Defendant’s DUI conviction was reversed by Superior Court.

b)   Commonwealth v. Cabraja, 316 WDA 2004 (Pa. Superior Court); No. 314 WAL 2005 (Pa. Supreme Court).  Police violated Fourth Amendment when they arrested Defendant in his girlfriend’s house for DUI without a warrant or exigent circumstances.  Conviction reversed.

c)   Commonwealth v. Carlson, 705 A.2d 468 (Pa. Superior Court).  Pennsylvania Gam Warden’s attempt to arrest Defendant for DUI was improper when he went outside his normal call of duty to make the DUI arrest.  Conviction reversed.

d)   Commonwealth v. McFadden, 549 A.2d 1341 (Pa. Superior Court).  In an old but still good case, police could not arrest Defendant for DUI on private property.

• Dozens of cases argued before the Superior Court on DUI constitutional and evidentiary issues
• Attended several seminars on new law, familiarization with requirements of Forensic Blood and Breath Analysis
• Worked with expert witnesses on toxicology and developed ability to analyze laboratory reports, controls, proficiency testing to formulate challenges to chemical test results.

The new DUI law (2004) has many changes, many twists, and involves arbitrary lines where penalties are enhanced.  Anyone charged with this crime should have legal representation.

Our firm is challenging the constitutionality of the law, aspects of the enhanced sentencing for refusal, the accuracy of blood alcohol tests in determining level of guilt, bogus traffic stops, and any other aspects of the law which we deem appropriate.

At a jury trial in Mercer County, Attorney Cline was able to establish that there is a significant margin of error in blood alcohol testing where the jury reduced the BAC charged from .18% to below .10%.  Commonwealth v. Keister, No 588 CD 2004, Mercer County Court of Common Pleas.

If you have been stopped by a police officer for weaving or other “erratic’ driving involving no accident, and charged with a crime, you need to have your case reviewed by a lawyer.  On January 15, 2004, Attorney Cline successfully appealed a Mercer County Court on the validity of a traffic stop involving the crossing of a yellow line in to a turn lane.  The motorist was then charged with DUI.  The Superior Court ruled that such a stop was illegal and all evidence obtained after the illegal stop could not be used by the police.  Commonwealth v. Christopher Allan Ferry, 479 WDA 2003.