Tag Archives: DUI Defense

Let us Help you Avoid a #DUI this Holiday Season! #MerryChristmas #HappyNewYear #HappyKwanzaa

 

Merry Christmas from Frank Walker Law! Let us pay for your Safe Ride Home!

Merry Christmas, Happy Kwanzaa and Happy New Year from all of us at Frank Walker Law!

As we pause to enjoy our families and friends this Holiday Season, we want to remind you to celebrate responsibly: Please don’t drink and drive! Officers are roaming the roadways looking for impaired drivers on the road.  Additionally, officers are setting up DUI checkpoints where they also make arrests for Underage DUI’s, and hand out citations for Underage Drinking, Speeding, Disorderly Conduct, Simple Possession and Fake ID.

 

Also, undercover officers will frequent the outside of bars and restaurants issuing citations for public intoxication, public urination and many other infractions.

With most Courts closed for the holidays, if arrested for a criminal offense, you could a little longer in jail waiting for your arraignment and the ability to post bail The last thing you need to close out 2017 is a story about how you spent the weekend in jail because you had a little too much to drink. That’s where we step in with a Free Holiday Gift!

Don’t Forget to open your Free gift from Frank Walker Law

 

Our motto is simple:  Don’t Drink and Drive! Don’t over indulge! Before you hit the dinner parties, gift exchange, or holiday parties make sure you designate a driver, schedule an Uber or a safe ride home.

Don’t Ring in the New Year with a DUI!

To encourage responsibility this Holiday Season, we will once again re-institute the FREE RIDE program previously established during Labor Day weekend and Thanksgiving Holiday.

In a nutshell: If you are unable to Drive due to your “enjoyment”, call a ride home, send us the receipt and we’ll reimburse you! (Check out the Rules and Conditions Below)

Enjoy the Holiday Season Responsibly: Don’t Drink and Drive!

Although the Free Ride program is very popular with party goers, club hoppers, promoters and the like, the program should not be construed as assisting, servicing or encouraging binge drinking or irresponsible behavior. Rather, the message conveyed from the Free Ride Program is simple: Enjoy the Holiday weekend, but please Don’t Drink and Drive.

Again, Happy Holidays from all of us at Frank Walker Law. Enjoy the Holiday Season with your family and friends. Visit loved ones, watch Bowl Games and brave Last Minute Shopers if you Dare, but please Don’t Drink and Drive! A DUI arrest is not a good way to spend the weekend.

No DUI Arrests This Holiday Season!

 

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 8:00pm EST Saturday December 23, 2017 and 8:00am EST Monday January 1, 2018.
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $30.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at FreeRide@frankwalkerlaw.com or mailed to

Frank Walker Law

428 Forbes Avenue, Ste. 1800

Pittsburgh, Pennsylvania 15219

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the 2017 Holiday Season December 24 – January 1, 2018.

** Important ** Materials must be Received by 11:59pm EST on January 2, 2018 for consideration of Reimbursement.

For more information on the program, call Frank Walker Law at 412-532-6805.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super LawyerBest Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-680524 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Failed a Workplace Drug Test? What happens next? #CriminalDefenseAttorney

Facing a Drug Test at work? Contact Frank Walker Law Today.

I get a lot of questions about what are the rules regarding drug tests and work, and what happens if someone fails a drug test through their work. Pennsylvania does not have a law requiring private employers to adopt drug testing policies or prohibiting them from doing so.  There are requirements through the Department of Transportation that require drug testing in certain professions involving driving as well as drug testing requirements for some federal jobs.

The first question I often get is “if I fail a drug test through work, can I be criminally prosecuted?”  If you fail a pre-employment drug screen or a random drug test, you are unlikely to be criminally prosecuted for doing so.  Health care privacy issues usually prohibit significant dissemination of these results.  That doesn’t mean that you’re safe from criminal prosecution in all situations. If you get in an accident and drugs or alcohol are involved, the police are going to be doing their own investigation and you may find yourself facing DUI charges.

Being fired for failing a drug test pursuant to an employer’s policy is a question of employment law and the employer’s discretion.  Usually the employer will be within their rights to immediately dismiss you. The main issue in most cases is whether the employer is following their own drug testing policy properly, or whether you were unfairly targeted for testing.  Another question is whether that policy makes the necessary exceptions for prescribed medications to those with disabilities.

One thing you do not want to do is try to fake a drug test by using fake urine or someone else’s urine in the test. It is a misdemeanor of the third degree to supply urine to someone else for the purpose of deceiving a drug test or to use someone else’s urine to pass a test yourself. Using fake urine to pass a drug test is illegal as well and is charged the same.  Don’t lose your job and get criminal charges on the same day!

If you are worried about the results of a drug test or a potentially failed drug test at work or after an accident, its best to get ahead of the issue and consult with an attorney who can put your mind at ease. Attorney Walker can tell you what steps you can take to protect yourself and safeguard your rights.  Set up a consultation today! You can learn more from our website at FrankWalker.com or call our office at 412-532-6805.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

 

#MirandaRights: A Constitutional Right, Not a Magic Bullet. #CriminalDefenseLawyer

Suspect in police interrogation room without Criminal Attorney

Most people, despite never having been arrested, are familiar with the list of rights known as Miranda Rights.  These rights include the right to remain silent, the right to have an attorney present during questioning, the right to have a court-appointed attorney if you can not afford one, and the warning that anything you say can be used against you in court.  People are usually familiar with these rights because they can recall some rendition of them from a tv show or movie.  And in those movies where the defendant was not read their Miranda Rights, once the lawyer brings that up in court * poof * like magic the case disappears.

But of course its nowhere near that simple.  I have had clients come into my office and ask “why, if the cops failed to read me my rights, isn’t the DUI, Underage Drinking or Assault case dismissed?”  First, you have to understand when Miranda warnings are required, and what happens when those rules aren’t followed.  Miranda warnings are required prior to what is known as a custodial interrogation.  Being in custody pivots on the question of whether you were free to leave the scene, or whether you were being detained. And the question of whether you are being interrogated depends on whether you are being asked questions designed to elicit an incriminating response.

If the government violates your rights under Miranda, the statements obtained from you may not be used in court against you.  This doesn’t mean the case goes away automatically, as the government may still proceed on other evidence they may have against you. Violation of Miranda usually only proves fatal to the government’s case when your confession is the only evidence they have against you. Statements of witnesses to the crime, video tape, and other evidence may still be used to pursue a case against you.

The analysis of whether a confession or incriminating statement was made in violation of your rights can be a complicated one. For example, Miranda does not apply to statements given outside of custody, which is why many times the police may try to classify interactions as mere encounters.  Also, Miranda  does not apply to voluntary statements given freely by the defendant that were not done in response to officer questioning.  And this is just the tip of the iceberg.  There are far more exceptions, rules, and nuances to these cases than can be discussed in one blog post.

That’s why its important if you’ve been arrested that you ask to consult with a lawyer as soon as possible, prior to giving any statements to police.  Call Attorney Frank Walker.  The phone lines at the law offices of Frank Walker are open twenty-four hours a day, 365 days a year.

The decisions you make about what to say and who to say it to may define the rest of your life, so make sure they’re made to someone you can trust.  Attorney Frank Walker has been serving the citizens of Pittsburgh, PA, and Morgantown WV for years. Check out FrankWalker.com for more information. Pittsburgh residents can call 412-532-6805 to set up a consultation, and the number for our Morgantown callers is (304) 712-2089.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Criminal Defense and Injury Attorney Stands Tall in #Morgantown, West Virginia. #WVU

Frank Walker Law Morgantown Lawyer WVU

If visitors and residents in Morgantown were not familiar with Attorney Frank Walker before today, the unfamiliarity will soon fade.

Morgantown Criminal Defense and Injury Attorney, Frank Walker of Frank Walker Law, has recently brokered an agreement to advertise on the large billboard in Morgantown, West Virginia right off the Star City exit.

According to Walker, the deal was a no brainer, “I drive past that billboard every time I come to my Morgantown office for Court. The board had been sitting empty for so long, it just made sense to place my ad in front of the thousands of other people passing the exact same billboard. The location is highly visible and one of the first and last advertisements people see when they enter or leave Morgantown for a business or pleasure.”

The Billboard advertisement is also visible to visiting teams and universities that fly into Pittsburgh Airport and drive into Morgantown to battle the WVU Mountaineers.

An alumnus of WVU Law, Walker has received tons of texts and emails from old professors and law school friends once the billboard was installed. Attorney Walker’s response to all the messages is simple, “It’s great to hear from old friends and seeing the billboard get captured and shared across social media, but just don’t text and drive!


Attorney Frank Walker of Frank Walker Law
 is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 304.413.0179, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.