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Written by Bill DeNardo. Posted in Legal Blog, News

DUI Lawyer William DeNardo Achieves Award as the Top Main Line Criminal Defense Lawyer for 2013

Plymouth Meeting, PA-based DUI Lawyer William DeNardo has just been honored with an award from the local Main Line legal community. He’s just been given the award for the best Criminal Defense Lawyer for 2013 by Main Line Today magazine. This award recognizes William DeNardo’s tireless work in the community, where he helps local Southeastern Pennsylvania clients achieve justice.

William DeNardo is a committed, hardworking member of the Pennsylvanian legal community. His decade-long work as a defense attorney, and the level of results he’s achieved within that work, is a testament to his work ethic and legal talent. In addition to his specialty as a lawyer for DUI cases, William DeNardo has successful defended local clients on charges such as theft, white collar crime, drug possession, robbery and burglary. It’s this comprehensive experience, combined with his unique understanding of the law, which has helped form the foundation for his on-going success.

Written by Bill DeNardo. Posted in Legal Blog

“Are you Serious? I was arrested for DUI just for taking my medication?”

I had a person retain me recently for a DUI where the basis of the DUI was not alcohol, but her prescribed Ambien. My client’s reaction, understandably, was how can I be arrested for this when all I did was follow my Doctor’s orders? Many of us assume that DUI’s result from being drunk on alcohol or high on street narcotics (pot, hash, cocaine, etc.). It came as a surprise to my new client that, in Pennsylvania, a DUI can result from driving while impaired by a validly prescribed medication.

DUIs that result from medication create an array of issues. The statute does not delineate an object test to measure impairment. While there may be tests to determine the amount of medication in your system, there is no set standard to define how that amount of medication translates to level of impairment. What often happens is the arrest is made based on the police officer’s opinion as to how impaired the driver was.

Over my fifteen years in practice, I have vigorously defended motorists charged with Driving Under the Influence of prescription medication. I have successfully challenged the police officers’ opinions of impairment through cross examination and expert analysis provided by forensic Toxicologist. If you or a loved one is facing a DUI charge relating to medication, call the Law Office of William DeNardo.

Written by Bill DeNardo. Posted in Legal Blog

Looking for a DUI Attorney in Pennsylvania?

Are you in need of a Pennsylvania DUI lawyer, but are overwhelmed by the seemingly endless choices when it comes to attorneys in the Southeastern, Pa region? Look no further. Visit my law firm, William DeNardo Law, and you will not be disappointed by our services and expertise in cases of this nature. I wholeheartedly believe that a DUI offense should not be the end of your professional career in any shape or form. DUI offenses can happen to anyone and it is my goal to ensure that these cases do not affect your life for years and years to come.

As a premier DUI attorney in Pennsylvania I have worked tirelessly to ensure that my clients’ futures and reputations are not at stake. Depending on the severity of the DUI offense, it can definitely impact one’s future. Life happens and in the event of those situations that may be caused by a lack of proper judgment, my law firm can help. No one is perfect and it is our goal to ensure that your life is not ruined because of a case of misjudgment.

William DeNardo Law was established with the goal of focusing on primarily DUI cases. So when you are in need of a Pennsylvania DUI lawyer, who understands the ins and outs of DUI cases, call my law office. I became interested in cases of this nature when I served as a Montgomery County Assistant District Attorney. As a lawyer who was born and raised in the Philadelphia area, I have a sense of pride in helping clients who are in the greater metropolis area. In this way I create personal connections with each one of my clients because I aim to be a DUI attorney that will not only be there for my clients with their legal problems, but also as a solid support system for them and their families.

Again, when in need of a DUI attorney in Pennsylvania, specifically in the greater Philadelphia area, turn to the law firm that focuses solely on DUI cases. Yes, there may be hundreds of attorneys who deal with DUI cases, but there are few that have the experience, knowledge, and primary focus on cases of this nature. DUI cases can be tricky, yet with the right attorney, you can settle your case, while avoiding severe and long-term legal issues. I have built my practice on ensuring that my clients are 100 percent satisfied with our legal services. As the leading DUI lawyer in Pennsylvania, my law office is here to help you in your time of need. Call us today at (610) 945-1999 or visit http://www.williamdenardolaw.com/ for more information.

Copyright © 2013 William DeNardo Law

Written by Bill DeNardo. Posted in Legal Blog

DUI Stop Advice from a Pennsylvania DUI Lawyer: Why Passengers should act like Elle Woods, not Resse Witherspoon

Legally Blonde is a terrific movie. In it, Reese Witherspoon plays Elle Woods, the sheltered, seemingly shallow, overachiever who attends Harvard Law. The perception is that she won’t last a week at Harvard, let alone go on to become an attorney. There is more to Elle, however, than what is on the surface. She uses her intelligence, grace, and COMMON SENSE, to succeed beyond everyone’s wildest expectation.

Very recently, the actress that played Elle Woods, Reese Witherspoon, was in the news. She was arrested and charged with Disorderly Conduct in Atlanta. The charge stems from her behavior, as a front-seat passenger, while her husband was being investigated for suspicion of drunk driving. Witherspoon was combative, obnoxious and disruptive. I venture to say her character, Elle Woods, would have handled the situation must differently.

Witherspoon’s arrest highlights why it is important to behave appropriately as a passenger in a vehicle stopped by the police. As a well-versed PA DUI lawyer, here are a few of my simple suggestions:

1. Keep quiet: a Passenger is under no obligation to say anything. At times, the police may “go fishing” to see if there is contraband in the car or on the passenger. A passenger has a right not to incriminate him or herself. It is okay to politely and gracefully decline the officer’s attempts to have you surrender your constitutional rights.

2. Do not consent to a search of your person: Police can search you if there is reason to believe you are armed and dangerous. Short of that, an officer would typically need your consent to search. If you grant consent, all bets are off and any contraband an officer finds on you is likely coming into evidence against you.

3. Behave: Do not act like Reese Witherspoon. Stay out of the way and let the police do their investigation into the driver uninterrupted. The police do have a tough job and the last thing that you want to do is make yourself the subject of the investigation.

As an experienced Pennsylvania DUI lawyer with over fifteen years in practice, I have handled many cases where passengers have been charged with crimes. More often than not, those passengers did not follow these basic steps.

Written by Bill DeNardo. Posted in Legal Blog

Will Missouri v. McNeely Have an Impact on PA DUI Laws?

By William DeNardo

PA DUI lawyers would be wise to take heed of the United States Supreme Court’s recent decision in Missouri v. McNeely (full opinion can be found here:  Missouri v. McNeely.pdf.

The Majority held, in part;

The Question presented here is whether the natural metabolization in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases. We conclude that it does not, and we hold, consistent with general fourth Amendment principals, that exigency in this context must be determined case by case based on the totality of the circumstances.

The dicta of this opinion creates a question as whether Pennsylvania’s sentencing enhancement practice would pass constitutional challenge. The opinion establishes that:

1) The natural metabolizaton of alcohol in the blood stream does not create a per se exigency that justifies an exception to the Fourth Amendment warrant requirement;
2) Therefore, the state, absent proof of exigency, must obtain a warrant before requiring person to submit to a blood test;
3) Whether the warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case on the totality of the circumstances.

Currently, the PA statute 3804© allows for a refusal to be used against a person when determining punishment. Whether a person refused is determined by an officer. As Pennsylvania DUI lawyers know, refusing to provide a blood sample creates a sentencing enhancement. This enhancement subjects the convicted toe highest tier / strictest level of punishment. This enhanced punishment is implemented with or without an exigency or with or without the obtaining of a warrant. As an experienced PA DUI lawyer, it would appear that the McNeely decision will ultimately have a major effect on 3804©.