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McMenamin & Margiotti, LLC
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McMenamin & Margiotti, LLC
Vincent Margiotti

2307 North Broad Street
Lansdale PA 18915
(215) 822-1888

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Margiotti & Mittman

Please Call : 215-822-1888

Lansdale  PA Criminal Defense Attorney



About Vince Margiotti:

  • He is a member in good standing with the Pennsylvania and Montgomery County Bar.

  • He is Nationally Certified by the National Highway Traffic Administration for Field Sobriety Testing.

  • He holds a 4-year Bachelor of the Arts Degree from Temple University, with a degree in Finance.

  • In addition to his law degree (Juris Doctor), he also was the recipient of the National Italian American Scholarship for Scholastic achievement.

  • He is admitted to practice in both Pennsylvania and New Jersey and is a member of the Pennsylvania Bar.

  • He regularly attends seminars for updates in DUI Defense. He recently attended a 3-day seminar in Atlanta, Georgia,called Mastering Scientific Evidence in DUI/DWI Cases.

  • He spends over 50 hours per month researching the latest cases, legaltreatises, scientific literature, and articles on the subject of drunk driving defense allowing him to be on the cutting edge of DUI defense at all times.

  • He graduated from the Villanova University School of Law in 1996 and was admitted to to the Pennsylvania Bar in that same year. Many attorneys must take the bar exam more than one time to pass.

  • DUI Help Member

  • He has never been disciplined by the State Bar.

  • He is doggedly independent, and believes in challenging everything for his clients' defense to be successful.

  • As a matter of course, he is ready to fight your case by bombarding the District Attorney with extensive pre-trial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.

  • Clients come from across Pennsylvania and from other states to retain his services. He focuses on cases in the Montgomery, Bucks and Chester County areas.

 

Please Call : 215-822-1888


The 10 biggest mistakes most people make after being arrested for a DUI in Pennsylvania . . . and how to avoid them.

1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.


2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.


3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.


4. Not complying with driver's license laws. You could lose your right to drive.


5. Driving after your license has been taken away.


6. Not taking full advantage of your constitutional rights.


7. Taking the prosecutor's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.


8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.


9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.


10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you.

Please Call : 215-822-1888

10 Mistakes

1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.


2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.


3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.


4. Not complying with driver's license laws. You could lose your right to drive.


5. Driving after your license has been taken away.


6. Not taking full advantage of your constitutional rights.


7. Taking the prosecutor's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.


8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.


9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.


10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you.

DUI FAQ's

What is DUI?

DUI is an abbreviation for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. (Presently .10%)

Can I still be in trouble for driving, even if my BAC is below the legal limit?

Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, under Pennsylvania law, a person can be convicted of Driving Under the Influence for this activity. (Please note, this is a subjective view.)

Does the car have to be moving for me to be guilty of DUI?

No. You can be arrested for DUI by driving while over the legal BAC (in Pennsylvania) or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.

Do I have to submit to a breath, blood, or urine test?

No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive for a chemical test refusal. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt.

By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, this is called Implied Consent. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. The arresting officer's belief for chemical test is "Reasonable Belief".

A person may ask to have a separate chemical test completed by an independent laboratory or hospital.

Can I fight my loss of license?

Pennsylvania's civil license suspension for a DUI is incorporated in the criminal process and does not go into effect until after a person is convicted, or pleads guilty. The only time a separate Department of Motor Vehicles is available, is for a chemical test refusal. This raises a separate civil issue that must be addressed through an appeal, directly to the Department of Transportation.

CRIMINAL COURT PROCESS (excluding Philadelphia and Pittsburgh)

1) Preliminary Hearing- local District Justice
a. Evidence required- prima facie
b. Most important, as part of a criminal case- prepares proper foundation for trial, and is used as a barometer for strength of the Commonwealth's case.

2) Formal Arraignment- county seat; advises a person of charges and trial date

3) Trial- is most counties of Pennsylvania, excluding Philadelphia and Pittsburgh, a person has the right to a jury trial. This Philadelphia and Pittsburgh are municipal jurisdiction(s). The accused of a misdemeanor case goes directly to trial without a jury. A municipal judge presides. If convicted a right to appeal does exists.

Survival Tips

  • Do not answer any questions other than name and address.
  • Do not agree to perform roadside tests.
  • Do not agree to have your eyes tested.
  • Do not agree to blow into a handheld breath tester.
  • Do consent to a breath or blood test, if you are asked to take one.
  • BE POLITE. PRODUCE REQUESTED DOCUMENTS.

New Pennsylvania DUI Law

NEW LAW

New DUI Law Raises Legal Questions

Pennsylvania has taken the position that a person’s Blood Alcohol Level (BAC) and number of the particular offense will dictate what punishment they will receive.

As of February 2, 2004 there are 3 categories a person will fall into based on the level of the alcohol in their system. There is .08-.099, .10 - .159, and .16 and higher included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety School. (AHSS). The first offense with a BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.


FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.

SECOND OFFENSES

BAC is .08 to .099. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSES

BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSES

BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

PA DUI Dr.

Pennsylvania Drunk Driving Defense Information
Vincent D. Margiotti, Attorney at Law
593 Bethlehem Pike, Ste. 4
Montgomeryville, PA 18936
Telephone: 215-822-1888
FAX: 215-822-7222

e-mail:
margiottilaw@verizon.net 

Who is Vince Margiotti?

  • He is a member in good standing with the Pennsylvania and Montgomery County Bar.
  • He is Nationally Certified by the National Highway Traffic Administration for Field Sobriety Testing.
  • He holds a 4-year Bachelor of the Arts Degree from Temple University, with a degree in Finance.
  • In addition to his law degree (Juris Doctor), he also was the recipient of the National Italian American Scholarship for Scholastic achievement.
  • He is admitted to practice in both Pennsylvania and New Jersey and is a member of the Pennsylvania Bar.
  • He regularly attends seminars for updates in DUI Defense. He recently attended a 3-day seminar in Atlanta, Georgia,called Mastering Scientific Evidence in DUI/DWI Cases.
  • He spends over 50 hours per month researching the latest cases, legaltreatises, scientific literature, and articles on the subject of drunk driving defense allowing him to be on the cutting edge of DUI defense at all times.
  • He graduated from the Villanova University School of Law in 1996 and was admitted to to the Pennsylvania Bar in that same year. Many attorneys must take the bar exam more than one time to pass.
  • DUI Help Member
  • He has never been disciplined by the State Bar.
  • He is doggedly independent, and believes in challenging everything for his clients' defense to be successful.
  • As a matter of course, he is ready to fight your case by bombarding the District Attorney with extensive pre-trial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.
  • Clients come from across Pennsylvania and from other states to retain his services. He focuses on cases in the Montgomery, Bucks and Chester County areas.
  • ALL ATTORNEYS HAVE EXTENSIVE JURY TRIAL EXPERIENCE.

If having your license and your freedom play a large part in your life, call 215-822-1888 now for your appointment.

DIRECTIONS TO MARGIOTTI & MITTMAN

From Points South (Philadelphia, Fort Washington) Take Route 309 North to Montgomeryville, crossing Route 63, Route 202 (Montgomery Mall on far left corner) and Route 463 at Five Points Intersection. Continue North on Route 309 through Five Points, and through two traffic lights. Margiotti & Mittman is the first building on the right after the second traffic light (Richardson Road).

From Points North (Allentown, Quakertown, Souderton) Take Route 309 South, past the exit for Route 113. After the 113 exit, continue South on Route 309 through five traffic lights to Colmar (intersection with Broad Street). Yurn Yum Donuts is on the right. Continue South on Route 309 approximately 4/10 mile past Broad Street. Margiotti & Mittman is located on the left.

From Points West (West Chester, King of Prussia, Downingtown) Take Pennsylvania Turnpike East to Exit 26, Fort Washington. After toll, take Route 309 North, crossing Route 63, Route 202 (Montgomery Mall on far left corner) and Route 463 at Five Points intersection. Continue North on Route 309 through Five Points and through two traffic lights. Margiotti & Mittman is the first building on the right after the second traffic light (Richardson Road).

From Points East (Trevose, Willow Grove) Take Pennsylvania Turnpike West to Exit 26, Fort Washington. After toll, take Route 309 North, crossing Route 63, Route 202 (Montgomery Mall on far left corner) and Route 463 at Five Points intersection. Continue North on Route 309 through Five Points, and through two traffic lights. Margiotti & Mittman is the first building on the right after the second traffic light (Richardson Road).

Please park in the lot at the rear of the building. Entrance to Margiotti & Mittman in the front of the building.

53 DUI Things

53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU

5 things the District Attorney does not want you to know about you PA DUI Case:

  1. He does not have all the witnesses available to prove his case.
  2. He has exculpatory evidence which would prove your innocence.
  3. You have a right to a jury trial within twelve months of pleading not guilty.
  4. He has evidentiary problems in proving your blood alcohol level.
  5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:

  1. Your identity
  2. As a driver
  3. Of a motor vehicle
  4. In the state of Pennsylvania, while
  5. Your blood alcohol level was over one of the prescribed limit or
  6. You were substantially incapable of driving (driving under the influence) or
  7. You were affected to the degree that you were incapable of safe driving (driving while ability impaired).

What you must do immediately to preserve your right to drive:

10 questions your attorney must ask you.

  1. What your itinerary was prior to arrest.
  2. Your consumption of alcoholic beverages.
  3. Your observations of the officer.
  4. The officer's stated reasons for stopping you.
  5. Whether the officer asked or ordered you to take roadside tests.
  6. Your performance on roadside tests.
  7. Statements you made to the officer.
  8. What the results were of any breath or blood tests.
  9. Whether there were witnesses to your arrest.
  10. Whether you were observed prior to a breath test,

What are the 4 items crucial to your defense?

  1. A good investigation of the facts.
  2. Vigorous cross-examination.
  3. A sound understanding of constitutional principles.
  4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

  • Appear in person for your arraignment.

Why a jury trial is advisable:

  • Twelve people have to agree on your guilt instead of one.

What is necessary to get a jury trial?

  • You automatically have a right to a jury trial.

How the arresting officer's testimony can be discredited:

  1. Inconsistent statements.
  2. Failure to recollect.

4 requirements which must be followed for chemical and roadside tests to be valid:

  1. The officer must have had a reasonable suspicion that you were violating the law.
  2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
  3. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
  4. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

  1. An estimation of the weaknesses and strengths of the State's case against you.
  2. The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.

  • It's a cost benefit analysis. How much do you have to defend your case?

What effect will this arrest have on my license and when will I be able to drive?

  • If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time.

How to save your license if you're found guilty in court?

  • Request a probationary license if you are suspended for excessive points.

5 preliminary motions that should be filed in you Pennsyvania DUI Case, and the danger to you if they aren't:

  1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
  2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
  3. Motion to suppress breath or blood alcohol results because faulty procedures of faulty mechanisms.
  4. Motion to suppress statements on failure to give Miranda rights.
  5. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

Defense tactics in you Pennsylvania DUI defense -
7 pre-trail motions:

  1. Contest the constitutionality of the stop.
  2. Contest the constitutionality of the administration of roadside tests.
  3. Contest the constitutionality of the probable cause to arrest.
  4. Contest the constitutionality of the Miranda rights.
  5. Contest the manner in which roadside tests were given
  6. Contest the use of a Portable Breath Tester.
  7. Contest the constitutionality of any search and seizure.
Serving the Boroughs and Townships of Bucks County:

Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley

PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Vincent D Margiotti Esq. LLC
2307 North Broad Street
Lansdale/ Colmar, PA 18915, US

E-mail:margiottilaw@verizon.net
For a free, no-obligation consultation call, 215-822-1888

Recent Cases

Recent Cases Which May Be Helpful In Your Defense Of A Pennsylvania DUI

  1. Commonwealth v. Shaw: Blood results not admissible if taken for independent medical purposes and not supported by either warrant or exigent circumstances.

  2. Commonwealth v. Stringer: Horizontal Gaze Nystagmus test not admissible because no adequate scientific foundation.

  3. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.

  4. U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.

  5. U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.

  6. Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.

FREE PA DUI Case Evaluation

Testimonials

Testimonials

Words cannot express my gratitude. Thank you both for all the work in my behalf to clear me. I was so depressed in February and March. Things were uncovered during the case that made me believe it was beatable, and it truly turned out that way. The weight of the world was lifted off my back. You're the best!

Click here to view actual testimonial.

Herman


I wanted to thank you and congratulate you for a brilliant defense strategy and resolution on my case.

As you know, when I walked into your office, I was a broken man, with no hope, and very little to look forward to. Not only did you give personal advice that helped me tremendously, you also guided me through every step of my defense strategy options and made sure I stayed focused on my family during this most difficult time in my life.

The creativity and resourcefulness that you showed during the development of my case was encouraging to see. You seemed to know what moves to make every step of the way. Most important to me was the fact that during this process, little by little; you brought me hope and made sure that I could continue to carry on with my job.

I will never forget what you did for us. This case was not just about a brilliant defense, it was about keeping a positive attitude during this most stressful time. You somehow managed to keep it all together. My family and I thank you. So much was on the line for me.

Thanks Again!

Click here to view actual testimonial.

Serving the Boroughs and Townships of Bucks County:

Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley

PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Vincent D Margiotti Esq. LLC
2307 North Broad Street
Lansdale/ Colmar, PA 18915, US

E-mail:margiottilaw@verizon.net
For a free, no-obligation consultation call, 215-822-1888

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