Pennsylvania Legislature Slams Shut Loophole for DUI Offenses

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On October 27, 2014, Governor Tom Corbett signed legislation that will greatly affect punishment for certain DUI offenses.

Until this new legislation, subsequent DUI offenses were governed by the decision in Commonwealth v. Haig, 981 A.2d 902 (2009). In that case, the Pennsylvania Supreme Court held that the actions of an individual subsequent to the DUI violation were beyond the scope of the prior offense provision during sentencing. In layman’s terms, this meant that an individual can be convicted as a first-time offender on multiple DUI arrests if those offenses were committed after the first violation.

Under the new amended law, the relevant recidivism time-period to the ten-year period before sentencing (not after violation) will be counted towards the prior offense grading and penalty. It also added the language “whether or not judgment of sentence has been imposed for the violation.” Therefore, going forward, a driver with multiple DUI offenses will be sentenced to much harsher penalties. This provision is effective 60 days from Monday, October 27.

To discuss this amendment or how it may affect your case, please contact Fiore & Barber, LLC.

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Skippack DUI lawyer

Don’t Let a DUI Ruin Your Halloween Celebration

This year, Halloween is on a Friday which means there may be a likely increase in the number of costumed revelers enjoying adult beverages. When Halloween and a Friday night combine, there can be an increase in DUI arrests. It is important to learn how to avoid getting a DUI so you can enjoy the party and costumes without facing harsh legal consequences or putting yourself and others in danger.

Designate a Driver

The first and foremost tip for Halloween partiers is to either rely on a cab or a designated driver to help you get to the parties and then home safely. However, this isn’t always an option as some people may unexpectedly find themselves behind the wheel after drinking. While this is never ideal, there are ways avoid getting arrested and posing for a mug shot rather than a costumed selfie.

It can be helpful to be aware that it is a Friday night and police will be patrolling after bars close. You can consciously avoid where police will logically be located. Also, be sure your car is in legally working condition. Police can’t just pull you over for no reason or based on a hunch that you may have left a party or bar. However, if your taillight is out or your registration is outdated, they can and will pull you over regardless of how cautious you may be driving.

If you or someone you know does make a mistake and receive a DUI over Halloween, then please reach out to our firm so that we can help you through this period.

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Historic Verdict and Judgment won by Fiore & Barber, LLC

In the first ever BitTorrent copyright infringement case to go to trial in any United States District Court in the County, Judge Michael Baylson of the United States District Court for the Eastern District of Pennsylvania ruled in favor of Malibu Media, LLC, an adult content movie producer, and against three defendants and entered a judgment of $240,850.50 against one defendant.

On June 18, 2013, after a one day bench trial, Judge Baylson found that Malibu Media, LLC was not a “copyright troll” but rather the producer and owner of copyrighted works, its experts technology was sound and that each defendant intentionally and deliberately violated valid copyrighted works of the Plaintiff. Entire blog →

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Ten Estate Planning Myths

A WILL AVOIDS PROBATE

Actually the opposite is true, if you have a Will the only way it is given effect is through the Probate Court. Having a Will insures that your property will pass according to your wishes, but it will be handled in the Probate Court. It allows you to name who will handle your estate, specify who will get your assets, and under what terms. With a properly drafted Will, you can benefit children or grandchildren, set money aside for college, benefit charities, and leave assets to children (or others) with protection from their creditors. Entire blog →

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Can you inherit a family member’s credit card debt?

If a relative dies with credit card debt, you may hear from the credit card company regarding the  unpaid balance. The lawyers of Fiore & Barber, LLC are experienced in estate administration and handling these types of matters. Here are a few ways to minimize the cost.

When an individual dies, his or her estate may be required to pay all credit card balances and other debts. However, if a person dies with more debts than assets, creditors, including credit card companies can be out of luck — and they often are. Entire blog →

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