You’ve been pulled over by the police, and you know that you were drinking earlier in the day. You waited several hours to drive, and you think you should be below the legal limit, but what if you are not? What are you rights if the police ask you to conduct a field sobriety test, or give blood to determine your blood alcohol content (BAC)? In the Commonwealth of Pennsylvania, you have every right to refuse a field sobriety test and to refuse to submit to blood alcohol testing. However, the result of these refusals can have very serious consequences. Below is what you can expect, should you refuse to consent to one or both. What is a Field Sobriety Test? We have all seen videos, movies, and depictions of a roadside field sobriety test. You can expect to be asked to walk a straight line, to follow an officer’s pen as he moves it across your field of vision, and to stand on one leg. The official names are “horizontalgaze nystagmus test, the walk and turn test, and the one leg stand test.” These tests are done by police officers when it is suspected that you are under the…
Read MoreA recent Pennsylvania Superior Court decision overruled the prior precedent of Commonwealth v. Chichkin regarding DUI sentencing. This ruling will change the meaning of a prior ARD acceptance as it relates to DUI sentencing, impacting future DUI cases greatly. The Accelerated Rehabilitative Disposition (ARD) program provides first-time offenders with the possibility of having their charges dismissed and expunged upon completion of the program. When a defendant participates in ARD, they are not pleading guilty to the criminal charges but agreeing to accept alternate supervision from the court. The idea is to find good candidates for rehabilitation and treatment in order to speed up the process rather than have the case go through the criminal justice system and unnecessarily spend state resources. The details and precise requirements of the program vary for each individual but typically includes a period of supervision by the probation department, completion of counseling classes and programs, payment of program costs and fees, and community service. Failure to comply with the requirements of ARD is likely to result in the original charge resuming and the individual being prosecuted by the Commonwealth. Under 75 Pa. C.S. § 3806, ARD acceptance in a DUI case counts as a prior…
Read MoreRobyn is a skilled attorney with extensive experience in Family Law. Robyn specializes in pre-nuptial agreements, post-nuptial agreements, divorce, equitable distribution, alimony, child custody, and support. In recent years, Robyn has focused her family practice on negotiation and settlement helping many clients amicably resolve their matters out of the courtroom. She specializes in all forms of Alternative Dispute Resolution (ADR) – mediation, arbitration and collaborative law. Prior to joining MMDC, Robyn worked at the law firm of Raffaele and Puppio as a family law associate and was Partner of Civil Solutions, a practice offering ARD services. Robyn is admitted to practice law in the Commonwealth of Pennsylvania and the State of New Jersey. She is a member of the Pennsylvania Bar Association and Delaware County Bar Association. She is also a certified family law mediator, a member of the Association for Conflict Resolution, and the Pennsylvania Council for Mediators. Robyn has served as an arbitrator for the Court of Common Pleas of Delaware County. She is also a collaboratively trained attorney and member of the International Academy of Collaborative Professionals. Robyn has been named a Super Lawyer Rising Star each year since 2017 and was named by the Delaware County Times as…
Read MoreMusi, Merkins, Daubenberger & Clark, LLP, is eager to announce that four of our hard-working attorneys have been voted 2023 “Top Lawyers” of Delaware County. Congratulations to Thomas A. Musi, Jr., Richard C. Daubenberger, Lucas A. Clark, IV, and Lindsay J. Killian. “Top Lawyers” allows attorneys in the area of Delaware County to be recognized by their peers for their outstanding performance and accomplishments in the legal community. It is one of the most respected peer review publications that invites previously acclaimed lawyers to vote for those attorneys who they believe have gone above and beyond to serve their clients within the same specialty and locale as them. The ballots are distinctively created each year based on a series of internal data points to gauge the previously recognized attorneys’ opinions on who they feel deserves recognition in the upcoming edition of “Top Lawyers.” Because of his vast courtroom experience and long-standing history of practicing the law, Thomas A. Musi, Jr., has been recognized as 2023 “Top Lawyer” in Commercial Litigation, Real Estate and Zoning & Land Use. Mr. Musi has long been involved in both minor and complex litigation all while maintaining long-term, strong connections with his clientele. Mr. Musi…
Read MoreAs an attorney with Musi, Merkins, Daubenberger & Clark, LLP, and an entrepreneur as well, Dina is helping women start their own businesses through a non-profit organization she created called AdvizHer. You can find Fox29’s segment on Dina’s work below. AdvizHer was created to provide funding, education and support for these up-and-coming female entrepreneurs as they begin an exciting journey as a business owner. Dina, and all of our attorneys at MMDC, take pride in helping dreams become reality, with all necessary protections in place. An important part of starting a new business is deciding which type of company is most appropriate under the circumstances. For example, a Limited Liability Company (LLC) or a Limited Partnership (LP). These decisions depend on various factors, including, but not limited to, the nature of the business, ownership interests, and future goals. Our attorneys at Musi, Merkins, Daubenberger and Clark are dedicated to providing guidance and assistance through the business development process from beginning to end. If you are starting a business, or thinking about starting a business, we can assist you with all aspects of the journey. From incorporation to partnership agreements, we are here to help. Contact us today.
Read More