F Dean Morgan Esquire Morgan Law Pennsylvania DUI Attorneys

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					                     DUI
         Answers
         By former police officer and former prosecutor,


         F. Dean Morgan, Esquire
                                  of the


                Morgan Law Firm
             Central Pennsylvania’s DUI Defense Firm

                        Phone: 1-888-821-9446
                   Email: dean@fdeanmorgan.com
                On the web: www.fdeanmorgan.com


                  Free Online Case Evaluation:
                   www.DUI-Case-Evaluation.com



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                                             TABLE OF CONTENTS


   I.        DO YOU NEED A LAWYER FOR YOUR DUI DEFENSE?                                  4

  II.        PENNSYLVANIA DUI PENALTIES                                                  5

 III.        PENNSYLVANIA DUI LAWS                                                       6

 IV.         THE ARD PROGRAM                                                             9

        a. Our Commitment to your Success
        b. Eligibility
        c. The positive and negative aspects of the ARD Program.

  V.         A FULL & FAIR DUI CASE EVALUATION                                           12

 VI.         THE MEDICAL SCIENCE OF DUI                                                  14

        a.   They don’t really test your blood
        b.   Why a blood /breath test is like a cup of coffee.
        c.   Serum Testing is Inaccurate
        d.   Breath Testing is based on flawed science
        e.   Your Medical History/Condition are important
        f.   Our Legal Nurse Consultant’s Role in Your Case

VII.         QUESTIONS YOU SHOULD ASK WHEN CHOOSING A LAWYER                            17

VIII.        ABOUT THE MORGAN LAW FIRM                                                  22

        a.   Attorney F. Dean Morgan
        b.   Legal Nurse Consultant
        c.   ARD Coordinator
        d.   Intake Coordinator

  IX.        FREE CONSULTATIONS & FREE ADVICE                                           26

  X.         SERVICES, FEES & DISCOUNTS                                                 28

  XI.        WHAT OUR CLIENTS ARE SAYING                                                30

 XII.        LOCATIONS                                                                  31




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      I. YOU SHOULD HAVE THE RIGHT DUI
             LAWYER REPRESENT YOU
Why do you need a lawyer?

         a. The criminal justice system is complicated. The District Attorney’s Office
            is staffed with attorneys whose sole responsibility is to convict you of
            DUI. They are not on your side.
         b. A good defense lawyer can protect you from being wrongfully convicted
            of DUI, punished too severely for DUI, or convicted based upon tainted or
            wrongfully obtained evidence.

How do you choose the Best DUI Attorney for my case?

         a. Price has nothing to do with value or skill.
               a. A high priced lawyer may not be the best lawyer for your case.
               b. The cheapest lawyer may not be the best value.
               c. If you have received a letter that quotes a fee, you are being sold a
                   product not a service.
                       i. There is a difference…
         b. Letters from other attorneys.
               a. Does the letter tell you anything about the lawyer or his firm?
               b. Did the lawyer sign it himself?
               c. Is the letter or it’s contents informative?
         c. You need a DUI lawyer committed to DUI Defense
               a. Does the attorney limit his practice to Criminal & DUI Defense?
         d. Visit the attorney’s website.
               a. To see my website and to learn more about my knowledge and
                   services, visit www.CentralPennDUIDefense.com
         e. Ask questions. See Section VIII, Page 22




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                              II. DUI PENALTIES
                            1st Offense              2nd Offense                  3rd Offense
First Tier                    6 months                5 days – 6 months           10 days – 1 year in
    - 3802(a)(1)(w/o             probation                in jail                      jail
        refusal)              $300 fine               Up to $2500 fine            Up to $10,000 fine
    - 3802(a)(2)              Community               Community                   Community
                                 Service                  Service                      Service
                              No License              12 month License            12 month License
                                 Suspension               Suspension                   Suspension
Second Tier                   48 hours – 6            30 days – 6 month           90 days – 5 years in
   - 3802(a)(w/                  months in jail           in jail                      jail
      accident)               Up to $5000 fine        Up to $5000 fine            Up to $10,000 fine
   - 3802(b)                  Community               Community                   Community
   - 3802(e)                     Service                  Service                      Service
   - 3802(f)                  12 month License        18 month License            18 month License
                                 Suspension               Suspension                   Suspension
                                                       Ignition Interlock          Ignition Interlock
Third Tier                      72 hours – 6          90 days – 5 years in        1 year – 5 years in
   - 3802(a)(1)(w/               months in jail           jail                         state prison
       refusal)                 Up to $5000 fine      Up to $10,000 fine          Up to $10,000 fine
   - 3802(c)                    Community             Community                      Community
   - 3802(d)                     Service                  Service                      Service
                                12 month License      18 month License            18 month License
                                 Suspension               Suspension                   Suspension
                                                       Ignition Interlock          Ignition Interlock


     Areas shaded in grey are Not Eligible for a jury trial.
     If you are convicted of DUI, regardless of the Tier or Offense, you must attend
      Alcohol Highway Safety School and submit to a CRN Drug & Alcohol
      Evaluation.
     Alternative Programs may be available. However, having the right attorney is
      absolutely essential



 The Morgan Law Firm can help you avoid these penalties.
                  Contact us today at 1-888-821-9446


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                    III. Pennsylvania DUI Laws

75 Pa.C.S.A. 3802(a)(1)- General Impairment (Unsafe Driving)

    An individual may not drive, operate, or be in actual physical control of the movement
     of a vehicle
    after imbibing a sufficient amount of alcohol
    such that the individual is rendered incapable of safely driving, operating, or being in
     actual physical control of the movement of the vehicle.

   Penalties: First Tier (w/o Refusal), Third Tier (w/ Refusal)



75 Pa.C.S.A. 3802(a)(2)- General Impairment (.08- .099)

    An individual may not drive, operate, or be in actual physical control of the movement
     of a vehicle
    after imbibing a sufficient amount of alcohol
    such that the alcohol concentration in the individual's blood or breath is at least .08%
     but less than .10%
    within two hours
    after the individual has driven, operated or been in actual physical control of the motor
     vehicle.

   Penalties: First Tier



75 Pa.C.S.A 3802(b)- High Rate - (.10 - .159)

    An individual may not drive, operate, or be in actual physical control of the movement
     of a vehicle
    after imbibing a sufficient amount of alcohol
    such that the alcohol concentration in the individual's blood or breath is at least .10%
     but less than .16%
    within two hours
    after the individual has driven, operated or been in actual physical control of the motor
     vehicle.
     Penalties: Second Tier




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75 Pa.C.S.A. 3802(c)- Highest Rate (.16 and higher)

    An individual may not drive, operate, or be in actual physical control of the movement
     of a vehicle
    after imbibing a sufficient amount of alcohol
    such that the alcohol concentration in the individual's blood or breath is at least .16%
     or higher
    within two hours
    after the individual has driven, operated or been in actual physical control of the motor
     vehicle.

   Penalties: Third Tier

75 Pa.C.S.A. 3802(d)- Controlled Substances

An individual may not drive, operate, or be in actual physical control of the movement of a
vehicle under any of the following circumstances:

       (1) There is in the individual's blood any amount of a:
             (i)      Schedule I Controlled Substance
             (ii)      Schedule II Controlled Substance
             (iii)    metabolite of a substance under subparagraph (i) or (ii).

       (2) The individual is under the influence of a drug or combination of drugs to a degree
       which impairs the individual's ability to safely drive, operate or be in actual physical
       control of the movement of a vehicle.

       (3) The individual is under the combined influence of alcohol and a drugs or
       combination of drugs to a degree which impairs the individual's ability to safely drive,
       operate or be in actual physical control of the movement of a vehicle.

       (4) The individual is under the influence of a solvent or noxious substance in violation
       of 18 Pa.C.S. 7303 (relating to the sale or illegal use of certain solvents and noxious
       substances.

    Penalties: Third Tier




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75 Pa.C.S.A. 3802(e) – Minor

       A minor may not drive, operate, or be in actual physical control of the movement of a
        vehicle
       after imbibing a sufficient amount of alcohol such that the alcohol concentration in
        the individual's blood or breath is at least .02% or higher
       within two hours
       after the individual has driven, operated or been in actual physical control of the motor
        vehicle.

      Penalties: Second Tier

75 Pa.C.S.A. 3802(f) - Commercial or School Vehicles

An individual may not drive, operate, or be in actual physical control of the movement of a
commercial vehicle, school bus or school vehicle in any of the following circumstances:

(1)    After the individual has imbibed a sufficient amount of alcohol such that the alcohol
       concentration in the individual's blood or breath is:

         (i) .04% or greater within two hours after the individual has driven, operated, or been in
         actual physical control of the movement of a commercial vehicle other than a school
         bus or school vehicle.
         (ii) .02% or greater within two hours after the individual has driven, operated, or been
         in
         actual physical control of the movement of a school bus or school vehicle.

(2) After the individual has imbibed a sufficient amount of alcohol such that the individual
is rendered incapable of safely driving, operating, or being in actual physical control of the
movement of the vehicle.

(3) While the individual is under the influence of a controlled substance or a combination of
controlled substances as defined in section 1603 (relating to definitions)

(4) While the individual is under the combined influence of alcohol and a controlled
substanceor combination or controlled substances, as defined in section 1603.

       Penalties: Second Tier




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                   IV. THE ARD PROGRAM
       IT IS A “GOOD” PROGRAM BUT IT IS NOT A “GREAT” PROGRAM.
                     IT IS “THE LESSER OF TWO EVILS.”
    IF YOU MUST CHOOSE ARD, THE MORGAN LAW FIRM WILL HELP YOU
                                  SUCCEED

                  The Morgan Firm’s Dedicated A.R.D. Coordinator

If you decide to enter the ARD Program, we will commit to helping you achieve
success. Our ARD Coordinator will contact you regularly to make sure you are
complying with the program’s requirements. If you need assistance, Attorney Morgan
will work with you to achieve the best possible outcome. Once you complete the
program, The Morgan Firm will complete all expungement petitions as required by
your county to be assured that your record is as clean as possible.

                           The Purpose of the ARD Program

The purpose of the ARD program is to provide first time offenders an opportunity to
make a new start under the supervision of Court and Probation officials. This program
may offer you the possibility of restoring your clean record. You must complete the
program successfully.

The ARD program is designed to quicken or accelerate rehabilitation. After the
defendant is held for Court by the Magisterial District Judge, the District Attorney,
upon application, may request that the individual be entered into the ARD program.

    You must waive your formal preliminary hearing.
    However, this does not mean that you must waive your preliminary hearing
     without a full and fair evaluation of your case to be eligible to apply for ARD
     (See Section IV)

Each county in Central PA has a different procedure for requesting ARD. Therefore, it
is important that you work with an attorney, like me, who knows the application
process in each county. If you have received this document, you can rest assured the
Morgan Firm knows the application process in your county.

Following an evaluation of the defendant's prior record and the circumstances of the
offense, the District Attorney will notify the defendant and his attorney of the date of
the ARD admission hearing. The Defendant will also learn the terms and conditions of
the ARD program.



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                           Eligibility for the ARD Program

The minimum requirements for eligibility are as follows:
     First DUI in 10 years
     Valid License
     Valid Insurance
     No one under the age of 14 in your vehicle
     Not involved in an accident involving serious bodily injury

IMPORTANT: Every District Attorney has the discretion to establish other minimum
standards. In many cases, a high BAC (above .24/.25) is not eligible. There are other
restrictions that apply.

                             The Right Attorney for ARD

You need THE RIGHT experienced DUI Defense Attorney evaluate your case before
you enter the ARD Program is essential to protect your rights. Surrendering your rights
to the government, without the full knowledge of the program requirements, potential
defenses available to you, and a full evaluation of your case, does not make sense.

                             The Negative Aspects of ARD

More importantly you should be aware of the following facts:

    1. Your license may be suspended for up to 90 days.
    2. If you have a CDL, if may be disqualified for 12 months and possibly for life
       (depending on prior record).
    3. You may have to perform up to 100 hours of community service.
    4. ARD probation may restrict your right to possess firearms.
    5. You may be required to pay program costs that will not be refunded if you are
       removed from the ARD program.
    6. The District Attorney has complete discretion to admit you into the program and
       may act to remove you from the program.

My job, when representing an individual applying for ARD, is to review the facts and
circumstances of the case, remaining vigilant to determine whether there is a possibility
that the charges may be dismissed due to an evidentiary issue or whether there is a
strong possibility of acquittal. If either of these situations arises, I will make a
recommendation to you as to how we should proceed.




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                                   The ARD Hearing

At the hearing, which is held in open court, the Court will formally inform the
defendant of the terms and conditions of the program. The Court will ask the
defendant if he understands the terms and the conditions of the program including:

     Successful completion of the program offers you an opportunity to earn a
      dismissal of the pending charge(s).
     If you fail to complete the program, you may be subject to trial as provided by
      law.
     You must agree to waive appropriate statutes of limitations as well as the federal
      and state Speedy Trial statutes and constitutional provisions.
     Upon acceptance into the ARD program, all proceedings are postponed during
      the term of the program.
     You must undergo a drug and alcohol assessment and complete counseling if
      deemed necessary.
     You must attend DUI classes.
     The court may issue an Order requiring you to pay costs, make restitution to any
      victims, and comply with all terms and conditions of the program.
     You must undergo a license suspension which is based upon the BAC
     If you successfully complete the Program, you may make an application to the
      court for an order dismissing the charges against you.


                                     CONCLUSION

The ARD program is not always the right choice for every person arrested for
DUI. Based on the facts and the circumstances of your case, you may wish to challenge
the evidence against you.

However, if you choose to enter the program, The Morgan Law Firm will work
tirelessly to help you to succeed!


               Contact the Morgan Law Firm today at 1-888-821-9446
                                        or
                     Request a Free Online Case Evaluation at
                         www.DUI-Case-Evaluation.com




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     V. A FULL & FAIR CASE EVALUATION IS
            IMPORTANT IN EVERY CASE
  DO NOT WAIVE YOUR PRELIMINARY HEARING UNTIL A QUALIFIED DUI
     DEFENSE ATTORNEY HAS REVIEWED YOUR CASE COMPLETELY

Case Dismissed:             I am reminded of a client who had decided she wanted to
enter the ARD Program. “It is easy” she said to me, “but I want someone to guide me
through the process.” After a few short moments, it was clear that her case was easy.
The officer lacked the probable cause to stop her car. Within minutes after arriving at
the preliminary hearing, the charges against my client were dismissed completely. She
saved time and money. Why? Because she hired the right attorney. The attorney who
fully and fairly evaluates every case, even the “easy” ones.

The purpose of the Preliminary Hearing is to allow a Magisterial District Judge the
opportunity to review the evidence of the government to determine if sufficient
evidence exists to forward the case to the Court of Common Pleas.

It is possible to have charges dismissed at the preliminary hearing IF your attorney
conducts a full and fair evaluation.

This is a very important stage in the process. You have the RIGHT to know the
strengths and weaknesses of the government’s case. Even if you are eligible for ARD,
the FULL & FAIR CASE EVALUATION will include an evaluation of these defenses:

     Did the Officer have the right to stop your vehicle and/or detain you?
         o Was there a clear violation of the motor vehicle code?
         o Was there an Accident?
     Were the Field Sobriety Tests Properly Administered?
         o FSTs have nothing to do with your ability to operate a motor vehicle
         o FSTs are less than 70% accurate when properly administered.
         o They are rarely administered correctly.
     Other factors not considered when the officer decided to arrest you?
         o Did you have difficulty obtaining your documents?
         o Did you have difficulty exiting the vehicle?
         o Do you have a medical condition?
     Inaccuracy of Breath Testing
         o Only provides an estimate of BAC
         o Does not accurately measure BAC (Think of your results. Not equal?)
         o Operator Errors often occur
         o Mouth Alcohol / Burps

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     Deficiencies in Blood Alcohol Testing in Blood Cases
         o Serum Testing overestimates BAC
         o Gas Chromatography
         o Your Medical Condition affects BAC
                 Trauma / Accident
                 Fever
                 Hematocrit Ratio
                 Prior Injuries

Attorney F. Dean Morgan will NEVER advise you to waive your preliminary hearing
until a FULL & FAIR CASE EVALUATION has been completed.

Our FULL & FAIR CASE EVALUATION begins during our initial telephone
conversation. We will collect all of the important information necessary to complete the
initial stage of our evaluation. A FULL & FAIR CASE EVALUATION requires that we
learn about the most important part of the case - YOU.

After you retain our firm, our FULL & FAIR CASE EVALUATION CONTINUES at the
Preliminary Hearing. Experience has taught Attorney Morgan that law enforcement
officers make mistakes.

After we have fully examined the potential success of these, and other, defenses, you
will receive the results of the FULL & FAIR EVALUATION including a categorization
and recommendation as to how to proceed.

We will categorize your case as:
   Winnable,
          o There is a substantial likelihood that your case can be won at trial
   Defensible,
          o There are a number of potential defenses to your case
   Vulnerable, or ARD Recommended
          o You may not be successful at trial, but we will zealously represent your
             interests in plea negotiations or ARD.

Understanding how stressful Court can be, we will also provide a comprehensive
written evaluation that fully explains the basis for our categorization and
recommendation.




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         VI. DUI DEFENSE WITH SCIENTIFIC &
                 MEDICAL KNOWLEDGE
“..after imbibing a sufficient amount of alcohol such that the alcohol concentration in the
individual's blood or breath is at least…” These few words are the reason that DUI defense
requires medical & scientific expertise.

The absorption, distribution, and elimination of ethyl alcohol is a science. Because it is
the science of the human body, it requires specialized medical knowledge. The Morgan
Law Firm is the ONLY law firm in Pennsylvania with a Registered Nurse/ Legal Nurse
Consultant on Staff.

We recognize that DUI, unlike any other criminal offense, is not based upon the intent
to commit a particular offense.

     Operating a motor vehicle is not illegal.
     Consuming alcoholic beverages is not illegal.
     Operating a motor vehicle after consuming an alcoholic beverage is not illegal.

It is illegal to operate a motor vehicle after imbibing (drinking) a sufficient amount of
alcohol such that you are either incapable of safely operating a motor vehicle or your
Blood Alcohol Concentration is above a .080% (If your entire blood volume was
divided into 100,000 equal containers, alcohol would be in only 80 of those containers.
80/100,000). The government cannot actually prove that you had a BAC of .08%.

To make this measurement, the government is utilizing a breath test device that is well-
known to be inaccurate. (Think of your two test results, were they equal?) or they rely
on a blood testing system that is either wholly inaccurate (Serum testing at a hospital)
or Gas Chromatography Testing that does not test the blood, it tests gas in a headspace.
More importantly, the conclusions they reach are a generalization comparing you to
everyone else based upon standards established with limited scientific study.

Hematocrit Ratio: The hematocrit (Ht or HCT) or packed cell volume (PCV) or
erythrocyte volume fraction (EVF) is the percentage of blood volume that is occupied
by red blood cells. It is normally about 45% for men and 40% for women. (The DUI
testing process does not distinguish between men and women). Since neither “blood
test” actually tests your blood, the Hematocrit Ratio can skew your results.




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                             SERUM TESTING IS INACCURATE

In most hospital laboratories, only the serum is tested. Because the serum percentage is
different for every person, it is very similar to that cup of coffee we described above. In
fact, if your blood test was conducted at a hospital laboratory or in Cumberland
County, there is good chance that only your serum was tested. It is well-known that
Serum testing produces a higher BAC reading than whole blood. Thereafter, the lab
utilized a formula (there is no standard formula) to convert your result to a lower Blood
Alcohol Content Equivalent. Your case should be decided by science, not a book that
was chosen by a lab director who will not testify against you.

                       YOUR MEDICAL CONDITION IS IMPORTANT

Your medical condition can affect your ability to perform field sobriety tests, your
breath testing results, and/or your blood test results. Your medical condition is vitally
important to your defense. Therefore, we want to know if you have now or have ever
been diagnosed with any of the following:

                  Diabetes,
                  Hypoglycemia,
                  Multiple Sclerosis,
                  Epilepsy,
                  Herniated Disk,
                  Liver Disease,
                  Kidney Disease,
                  Anemia, or
                  any other medical condition which affects your balance such as
                   back problems, leg problems, or difficulty balancing.

In addition, we will want to know if, at the time of the DUI arrest, you were suffering
from the following:

                Concussion or Head Injury,
                Blunt Force Trauma (car accident), or
                Fever.

If I recommend your case for trial, I may ask for your authorization to release your
medical records to me (only me) for the purpose of a full review to determine if your
medical condition impacted your case.



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                        OUR LEGAL NURSE CONSULTANT

With over 17 years of experience, our Legal Nurse Consultant is an important part of
our team. If your case is selected for trial, we will request your medical records to
determine what, if any role, your medical condition plays in your case.

     She will summarize your records to determine what, if any, evidence is
      important to the defense.
     She will assist with discovery
     She will assist with the preparation of testimony.
     If an expert witness is necessary, she will assist with the preparation of witness
      testimony.

If you medical condition impacts your case, it can be a viable defense. The Morgan
Law Firm is the only law firm in Central Pennsylvania that employs a Legal Nurse
Consultant to review your case.




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 VII. QUESTIONS TO ASK TO CHOOSE THE
      BEST DUI ATTORNEY FOR YOUR CASE
                  BACKGROUND, EXPERIENCE, AND PRACTICE

    1. Are you an experienced DUI Attorney?
          a. Yes. Since 1990, I have viewed DUI cases from every possible angle. As a
             former police officer, prosecutor, and now as a defense attorney, I have
             reviewed hundreds of DUI cases. I know and understand the procedures
             and tactics used by law enforcement officers.           I understand the
             weaknesses of the field sobriety tests, the blood & breath tests, and report
             writing skills of law enforcement and, more importantly, how to use those
             weaknesses to the advantage of my client.

    2. I want a specialist: How much of your practice is dedicated to representing
       DUI Defendants?
          a. 85% of my practice is dedicated to DUI Defense

    3. What other areas of law do you practice?
         a. I limit my practice to DUI Defense, Criminal Defense, Traffic Defense,
             Post-Conviction Relief (Appeals, Pardons, & Expungements)

    4. Are you a member of the National Association of Criminal Defense Lawyers
       and/or the Pennsylvania Association of Criminal Defense Lawyers?
          a. Yes. I am committed to Criminal & DUI Defense and these organizations
             provide a great deal of support to help me achieve the best result for my
             clients.

    5. Are you a former prosecutor? / How does this impact my case?
          a. Yes. I am a former prosecutor. I have worked for the Las Vegas, Nevada
             District Attorney’s Office, the Cumberland County District Attorney’s
             Office, and the Lancaster County District Attorney’s Office. I know and
             understand the prosecutor’s manner of preparing cases, the goals of the
             prosecutor, and the best way to utilize those factors to the benefit of my
             client.




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    6. Are you a former police officer? / How does this impact my case?
          a. Yes. I am a former law enforcement officer. I was first sworn in as a
             Police Officer in 1990. In my most recent capacity, I was my unit’s traffic
             enforcement/DUI Specialist.        I received advanced training in the
             administration of breath testing as well as Field Sobriety Testing. I
             personally administered the tests on hundreds of occasions. I know the
             weaknesses of these tests at a different level than most attorneys.

    7. I want an attorney who will devote time and energy to my case: Do you limit
       the number of people you represent?
          a. Yes. I devote my practice to helping my clients achieve the best possible
             outcome for their case. To do so, I must devote more time and energy to
             each case. As a result, I only accept clients that I know will benefit from
             my assistance.

    8. I want an attorney who will communicate with me: Do you return phone calls
       / emails promptly?
           a. Yes.    Communication is the key to a successful lawyer-client
              relationship! Email is preferred, because I can respond to your question
              immediately, even while in court. If you call and leave a message, I will
              contact you within minutes or hours, not days.

                              APPROACH TO YOUR CASE

    9. I just want to apply for the ARD program: Do I need an attorney?
           a. It depends. If you are eligible for the ARD Program and you know and
              understand that ARD is the lesser of two evils, but have decided that you
              are willing to enter the program without a full evaluation of your case,
              you may be able to get through ARD without lawyer. (I know it seems
              strange to have a lawyer tell you that… But, I believe in being honest.)
           b. If your first contact with an attorney leaves you feeling like ARD is your
              only goal, without evaluating your case fully, you must evaluate whether
              or not his/her services are worth your hard-earned money.
           c. ARD is not your ONLY option. It is a good program, but not a great
              program. You should hire a lawyer who will fully and fairly evaluate
              your case before you make any decision about ARD.




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    10. What are your goals for my case?
          a. Dismissal of Charges
          b. Avoid Jail
          c. Avoid License Suspension

    11. Do you take DUI cases to trial?
          a. An Attorney who is unwilling to go to trial is not your best option.
          b. Yes. IF it is in your best interest to take a case to trial, I will recommend
             trial. Trial is about achieving the best result for your case. It isn’t about
             padding my resume.

    12. Do you recommend ARD is some cases?
          a. Yes. Your charges may be resolved by ARD IF your case is not winnable.

    13. Have you had a DUI case dismissed completely at the preliminary hearing?
          a. Yes. Although I cannot guarantee this result. It is something I strive for
              in every case.

    14. Are you able to negotiate a reduction in charges at a preliminary hearing?
           a. Yes. In most cases, I am able to obtain a reduction of charges or dismissal
              of some charges at your preliminary hearing.

                      KNOWLEDGE OF DEFENSE STRATEGIES

                                    Medical Condition

    15. I have a medical condition, does this matter?
            a. DUI involved science. An attorney who understands medicine may be an
               essential asset in your case.
            b. Your medical condition can affect your ability to perform field sobriety
               tests, your breath testing results, and/or your blood test results. Your
               medical condition is vitally important to your defense.
            c. Trauma affects BAC. If you were involved in a motor vehicle accident as
               part of your case, your Blood Alcohol Content result can be affected.
            d. If I recommend your case for trial, I may ask for your authorization to
               release your medical records.
            e. A Legal Nurse Consultant (A Registered Nurse with over 17 years of
               experience) is available to review your records.


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                     Field Sobriety Tests & Drug Recognition Experts

    16. I “failed” my field sobriety tests (FST) does this mean I am guilty?
            a. No. Field Sobriety Tests were designed to determine whether or not a
                person has a blood alcohol level above a .10%. Even when properly
                administered, they are effective less than 70% of the time.
            b. They are rarely administered properly.

    17. Have you received advanced training in the area of Field Sobriety Testing?
          a. Yes. I was first certified in the use of Field Sobriety Tests in 1990 as a
              police officer. I subsequently was certified in 1994 and 1998. I currently
              possess all manuals utilized by police officers since 2004. In addition, as
              recently as 2011, received advanced instruction on cross-examination
              related to FST.

    18. The officer who examined me was a Drug Recognition Expert (DRE). Does this
        mean I am guilty?
          a. No. Recognition of a police officer as an “Expert” has not been accepted
              in all counties in Pennsylvania. Moreover, even if the officer is certified as
              an “expert,” he is subject to cross-examination based upon his personal
              observations.      Police Officers should not be performing medical
              examinations.

                                  Blood & Breath Testing

    19. My Blood Alcohol Content (BAC) / Breath Alcohol Content (BrAC) was above
        the legal limit. Does this mean I am guilty?
           a. No. It means that law enforcement has provided an estimate of your blood
               alcohol content. The Commonwealth must prove, beyond a reasonable
               doubt, that your BAC/BrAC was above the legal limit.

    20. Drugs were found in my blood; does this mean I am guilty?
          a. It depends. In some cases, the Commonwealth need only establish that
              you blood contained a certain level of certain Schedule I and Schedule II
              controlled substances. In other cases, the Commonwealth must establish
              that the drugs in your system impaired your ability to safely operate a
              motor vehicle. They must do so with the assistance of an expensive
              expert. Therefore, the Commonwealth may be willing to reduce your
              charges prior to trial. Or, in the alternative, you may take the case to trial.

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    21. How does a Breathalyzer work?
          a. Poorly. In simple terms, an infrared light is produced and is shone
             through the particles of your breath to determine whether there is a
             presence of the molecules consistent with ETOH (Ethyl Alcohol). The
             device then calculates the amount of alcohol to determine the grams of
             alcohol which would be present in 210 liters of breath. If the result is 8
             grams of alcohol per 210 liters (the equivalent of 105 2-liter bottles of soda)
             you will be subject to charges.
          b. Operator error impacts the reliability of the device.
          c. It is not accurate (Think of your two results, are they identical? In most
             cases no)

    22. Are you able to challenge a Breathalyzer in court?
           a. Yes. Absolutely. This is particularly true when the consequences are high
              (second or third offense) or the result is close to a lower level (.110 or .170).

    23. I’ve heard that blood testing is more accurate than breath testing. How is my
        blood tested?
            a. There are two primary means of testing your blood for the presence of
               alcohol. The blood can be tested utilizing serum or whole blood.

    24. What is the difference between Serum Testing and Laboratory (Gas
        Chromatography) Testing?
          a. Serum testing is less accurate than whole blood testing and is known to
             produce a higher result that must be converted using mathematics and a
             conversion rate found in a book. The medical technicians often testify that
             they do not know why they utilize a particular conversion rate.

    25. Are you able to challenge a blood test in court?
           a. Absolutely.




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    VIII. ABOUT THE MORGAN LAW FIRM
                            F. DEAN MORGAN, ESQUIRE

                                      EDUCATION
Juris Doctorate
Pennsylvania State University- Dickinson School of Law, Carlisle, PA
    Excellence for Future Award- National Security & Military Law

                           RELEVANT EXPERIENCE
The Morgan Law Firm, Central Pennsylvania
    Owner of DUI Defense Practice

Assistant District Attorney - Lancaster County District Attorney’s Office,
Lancaster, PA
    Prosecuted felony, misdemeanor, and juvenile cases before the Lancaster
      County Court of Common Pleas including all appropriate motions,
      responses, and briefs.

Appellate Division- Clark County (Las Vegas, NV) District Attorney’s Office,
Las Vegas, NV
    Drafted 80+ appellate and post-conviction briefs to the United States
      Supreme Court, Nevada Supreme Court, and trial courts including five
      capital cases and thirteen homicide cases. Three briefs resulted in
      published opinions.
    Worked closely with the Major Violators Unit and Special Victims Unit
      regarding pre-trial and post-conviction matters.

Appellate Division - Cumberland County District Attorney’s Office,
Carlisle, PA
      Appeared in court in trials and evidentiary hearings.
      Drafted government response to petitions for post-conviction collateral
         relief and appeared in court to represent the Commonwealth in PCRA
         hearings
      Drafted 40+ briefs to Pennsylvania Superior Court and Pennsylvania
         Supreme Court. Seven briefs resulted in published opinions.



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                    LAW ENFORCEMENT EXPERIENCE

Deputy Sheriff – Patrol Division
Stafford County Sheriff’s Office. Stafford, VA
      Arrested individuals charged with Criminal Acts, DUI, and Traffic
        Violations
      Conducted Criminal Investigations
      Advanced Training
                 o Intoxilyzer 5000
                 o Field Sobriety Tests
                 o Interstate and Community Drug Interdiction
      Appeared in court in trials and evidentiary hearings.

Police Officer
Hanford Police Department, Hanford, CA
      Arrested individuals charged with Criminal Acts, DUI, and Traffic
        Violations
      Conducted Criminal Investigations
      Advanced Training
                o Breathalzyer Operations
                o Field Sobriety Tests
                o Community Drug Interdiction
                o Special Weapons & Tactics
      Appeared in court in trials and evidentiary hearings.

Military Police Officer
U.S. Marine Corps, Quantico, VA
      Arrested individuals charged with Criminal Acts, DUI, and Traffic
        Violations
      Conducted Criminal Investigations
      Advanced Training & Participation in FBI Academy Training
      Appeared in court in trials and evidentiary hearings.

               OTHER PROFESSIONAL LICENSES/ CERTIFICATIONS
       National Registry Emergency Medical Technician
       Virginia Law Enforcement Officer
       California Law Enforcement Officer
       Wicklander-Zulawski Interview & Interrogations

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                         ACADEMIC RESEARCH PROJECTS

The “Other Person” at the Defense Table: Bruton in the Post-Crawford Era            2006

Policing the Police: Practical and Legal Considerations for an Unbiased             2005
Law Enforcement Monitoring, Assessment, and Resource Center

The Posse Comitatus Act and the War on Terror                                       2005
Awarded CALI Excellence of Future Award for Top Research Paper



                          OUR LEGAL NURSE CONSULTANT

Our Legal Nurse Consultant is a Registered Nurse with a Bachelor of Science Degree in
Nursing and over 17 years of experience. Because DUI is based upon the physiology
and metabolic rate of the absorption of alcohol into by your blood, it is imperative that a
medical professional is involved in your case if the matter is selected for trial.

Your medical history is important to your case.

In a case involving a motor vehicle accident involving an injury to yourself or others,
the medical records are an essential part of your case.

 Although some attorneys charge an additional fee to have an expert review your case,
our expert is on staff. In the event your case is selected for review, we will request your
authorization to release medical records. The Legal Nurse Consultant will prepare a
chronological summary of your medical treatment so that we may present such
evidence, if necessary at trial.

No other law firm employs a legal nurse consultant on staff. Given the relationship
between your body’s physiology, a Legal Nurse Consultant is essential to your case.

Our Legal Nurse Consultant’s qualifications include:
   17 years of Nursing Experience
   Former Kidney Transplant Coordinator
   Former Trauma Services Coordinator
   Certified in Critical Care


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                              OUR A.R.D. COORDINATOR

We go beyond the services of most DUI Defense Attorneys in many ways.
If we cannot win your case, and ARD is your only option, we are committed to your
success in the ARD Program. Our ARD Coordinator is an important part of that
commitment. On a monthly basis, we will contact you to make sure you are on track
for success.

______________________________________________________________________________

                            OUR INTAKE COORDINATOR

Because I am often in court defending others who are facing similar charges, I do not
want to delay the gathering of essential facts in your case. It is likely that the first
person you will speak with is our Intake Coordinator. Your case is very important to
me and any delay can negatively affect your rights.

The Intake Coordinator will ask you some very detailed questions about your case.
Although she is not permitted to give legal advice, she is able to gather the most
important information. That information is transmitted to me for review, even while I
am in a courthouse.

As soon as possible thereafter, I will contact you to discuss your case in greater detail
and provide a recommendation. In addition, I will provide a written case evaluation for
your review.

Our well-qualified Intake Coordinator is another reason we offer the best service to our
clients.




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               IX. FREE INFORMATION & FREE
                       CONSULTATIONS

    1. Why did I provide so much more information than any other attorney?
         a. I want you to be fully informed about the challenges that you will face in
            the coming months.
         b. Over 85% of my practice is dedicated to DUI defense. I want you to know
            that I have the knowledge and experience to represent you.
         c. I believe in providing my clients as much information about their case as
            possible. You should be fully informed in all stages of your case,
            including now.

    2. Why do I offer FREE consultations?
         a. I want to be assured that I am the right attorney for you and you will
            benefit from my services.

    3. What can you expect when you call our office?
         a. If you received this packet of information, we are interested in
             representing you.
         b. Please have your letter with you when you call.
         c. Your call to 1-888-821-9446 is directed to my desk. If I am in the office, I
             will answer it and yes, you can have a free consultation on the spot.
         d. Because I am in court often, I may be unable to answer the call. Your
             voice mail message will be delivered to me immediately, regardless of
             where I might be.
         e. After reviewing the message, I transmit it to my Intake Coordinator. She
             will call you as soon as possible to discuss the facts of your case including:
                  i. Your prior DUI & Criminal History
                 ii. Factors that may make you ineligible for ARD
               iii. The Basis for the Traffic Stop/ Detention by Police
                iv. Your Medical Condition
                 v. Field Sobriety Tests
                vi. Blood/Breath Test
               vii. Your Alcohol/Drug Intake on the night of the stop
              viii. Your usual alcohol intake.


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               f. The Intake Coordinator’s notes will be transmitted to me for my review
                  and analysis.
               g. As soon as possible, usually within 24 hours, I will contact you to discuss
                  your case in detail, including:
                       i. My evaluation of your ARD Eligibility
                      ii. My evaluation of potential defenses
                    iii. My evaluation of potential for success at trial.
                     iv. Most importantly, your personal goals regarding the outcome of
                          your case.
               h. You will receive a written case evaluation in the mail within 24 hours
                  along with a fee agreement. (See Section X)

    4. You do not have to wait to schedule an appointment
         a. Within less than 48 hours, you can have a Written Case Evaluation in your
            hands along with a fee agreement. You can retain the Morgan Law Firm
            within 72 hours.

    5. You do not have to come to our office.

        a. I understand that work, childcare, and other circumstances may prevent you
           from scheduling an in-office appointment. To minimize your inconvenience,
           I offer FREE consultations by telephone. Evening and weekend consultations
           are available.




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                 X. OUR SERVICES & FEES
    1. Ever wonder how a lawyer calculates your fee?
          a. My fee is calculated based upon my knowledge, experience, the time I will
             spend on your case, and the complexities of your case.
          b. You only pay for services rendered.
          c. My fee is based on one of the Two Categories described below:
                a. ARD Track
                         i. Representation at Preliminary Hearing
                        ii. Full & Fair Evaluation of Case
                      iii. Written Evaluation Report
                       iv. Completion and Filing of ARD Application (if in the best
                            interest of the client)
                        v. Follow-up to assure compliance with Requirements
                       vi. Representation at ARD Hearing
                      vii. Expungement (Not all attorneys include this in their fee,
                            make sure you ask)
                b. Non-ARD Track
                           ESSENTIAL SERVICES
                         i. Representation at Preliminary Hearing
                        ii. Full & Fair Evaluation of Case
                      iii. Written Evaluation Report.
                       iv. Entry of appearance for Court of Common Pleas
                        v. Arraignment
                       vi. Request for Discovery (all evidence to be utilized by the
                            Commonwealth or material to your defense)
                                1. I ALWAYS ask for additional information about the
                                   breath/blood testing devices.
                      vii. Comprehensive Review of Discovery
                     viii. Written Evaluation Report
                       ix. Negotiation with District Attorney’s Office
                        x. Representation at all hearings
                            PRE-TRIAL SERVICES
                       xi. Preparation and Filing of Pre-trial motions to suppress
                            evidence (keep evidence from being admitted against you).
                      xii. Review of Medical Records by Legal Nurse Consultant



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                           xiii. Review of Case to determine if Expert Testimony is
                                 necessary
                                 TRIAL SERVICES
                           xiv. Preparation for Trial
                                    1. Preparation of Opening & Closing Arguments
                                    2. Preparation of Trial Exhibits
                                    3. Preparation of Direct & Cross Examination
                            xv. Representation at Trial
               d. Each level of service requires differing amounts of time as well as
                  differing amounts of effort and preparation. Before you decide to retain
                  me, you will have a written document that explains, in detail, the
                  services I will provide.

    2. You can I afford our services!
         a. Although I provide more comprehensive legal services than many
             attorneys, I have taken extraordinary steps to make my services very
             affordable by reducing overhead expenses and increasing the use of
             technology.
         b. Your case is unique. If you have received an advertisement from an
             attorney that quotes a particular fee, you are buying a product, not a
             service. Your fee should be based on your personal goals and
             circumstances.
         c. My fee is based upon a number of factors, described below. However, the
             most important factor is your personal goals.
         d. During your FREE consultation, we will discuss the facts of your case,
             your goals, the services I will provide, and my fee. You will receive a fee
             agreement that details, in writing, the services I will provide.

    3. I do offer discounts
          a. Yes. Discounts are available for Military, Veterans, and certain
              occupations.

    4. You have options for making payment
         a. You may pay by check or credit card
         b. You may enroll in an affordable payment plan




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         XI. WHAT OUR CLIENTS ARE SAYING

    Dean Morgan is the sharpest, most qualified, confident, and responsive attorney I've
    ever known. If you have a DUI in Pennsylvania, this is the guy you need. He never
    tried to talk me into a plea, never failed to return a phone call or email, and just
    performed wonderfully. No surprises or disappointments whatsoever. He really
    knows what he's doing and how to treat his clients.
    - Dan from Franklin County, PA

    Dean was succinct and thorough and I had complete confidence in his knowledge
    and performance on my behalf. He delivered on his projections and predictions for
    the end result of my case.
    - Linda from Cumberland County, PA

    Dean handled two extensive legal matters for me and was by far the best lawyer I
    have ever hired. I would utilize his services again without second thought. He is my
    go to guy.
    -Brian from York County, PA

    Dean was very helpful in helping with the DUI case that was presented against my
    husband. He responded quickly to emails and was on top of the case throughout the
    entire process.
    – Tameryn from Out of State.

    Attorney Morgan is an excellent attorney who brings his experience as a former law
    enforcement officer and prosecutor to every case. He offers candid advice and is not
    afraid to go to trial to achieve the best possible result for the client.
     - Dave from York County, PA




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                   XII. AREAS SERVED

    Cumberland/Perry Counties                       Lancaster/York Counties
        4902 Carlisle Pike                            590 Centerville Rd.
     Mechanicsburg, PA 17050                          Lancaster, PA 17601

    Dauphin/Lebanon Counties                       Adams/Franklin Counties
           PO Box 738                                 975 Wayne Ave.
       Hershey, PA 17033                           Chambersburg, PA 17201


                   COMPLEX CASES THROUGHOUT
                    PENNSYLVANIA & MARYLAND



                     More Information on the Web:
                    www.CentralPennDUIDefense.com




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               Free Online Case Evaluation: www.DUI-Case-Evaluation.com
                          Call
                     1-888-821-9446
                    to Schedule Your
                   Free Consultation
                          with
                  DUI Defense Attorney
                    F. Dean Morgan

                                        OR

                  Submit your info for a
               Free Online Case Evaluation

                 www.DUI-Case-Evaluation.com




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