Category Archives: Distracted Driving

MAKING NEW LAW IN MONTGOMERY COUNTY: Expunging Charges That Were Dropped In Exchange For A Plea

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The Law Offices of James W. Flood, P.C. recently won a great victory for those seeking to expunge their records in Montgomery County. Our client had been previously arrested and charged with very serious felony offenses. After a full investigation and a vigorous defense, the serious charges were nolle prossed (dropped) and the client pled guilty to a minor offense. We petitioned to expunge the serious charges that had been dropped. However, the Montgomery County District Attorney’s Office opposed our request.

After a hearing, the Honorable Senior Judge William T. Nicholas granted the petition and ordered the expungement of the charges that had been nolle prossed at the time of the plea. …Read more

Increased Penalties When Enhanced Sentencing Guidelines Applied

Dotted iSince the United States Supreme Court and Pennsylvania Supreme Court largely abolished mandatory minimum sentencing statutes in a string of decisions over the past two years, prosecutors in Pennsylvania have turned to other techniques to maximize sentences. One of these techniques is to apply enhanced sentencing guidelines when they are applicable.

In Pennsylvania, the Legislature has implemented guidelines to be followed in criminal sentencing. These guidelines are based on …Read more

Recent Changes to PA DUI Laws

DUI Law UpdateThe Pennsylvania DUI laws have recently undergone several revisions intended to close perceived loopholes in the statutes.

AMENDMENT CHANGES:

  • The first change amended the language that controls the maximum punishment for a second-offense DUI where the driver refuses to submit to chemical testing.  Until the recent amendment, the statute provided a maximum period of incarceration of six (6) months, although the crime was graded as a Misdemeanor of the First Degree, which typically carries a maximum period of incarceration of five (5) years.  The law was changed to bring this Misdemeanor of the First Degree into line with others, and now provides a five (5) year exposure.

…Read more

A Word of Caution Regarding Shared Medical Information

The phrase “doctor/patient confidentiality” is often used to refer to the various legal protections that guard the privacy of communications between people and their physicians.  HIPAA strictly regulates what a doctor can disclose and to whom.  Additionally, patient-physician privilege laws prevent a doctor from disclosing information learned about a patient in the course of medical treatment, unless certain circumstances apply.

One such exception to the general rule of privacy involves mandatory reporting …Read more