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DUI Bail Conditions Can Be Altered
A court uses bail as security that a defendant will appear at future court proceedings. Bail can include a variety of release conditions and can be altered in some circumstances.
October 01, 2011 /Transportation and Trucking PR News/ -- With a blood alcohol content (BAC) of .225 after five hours in a bar, former police officer William Bell drove his 7,000-pound Ford Expedition into a head-on collision with Barbara Brown's Toyota Camry.
April 19, 2011 was chilly and wet in Bucks County, Pennsylvania. Bell was heading home when he crossed the double line of rumble strips on Route 152 in New Britain Township, colliding with the vehicle operated by 50-year-old Brown, who later died from her injuries.
At his preliminary arraignment, the presiding judge suspended Bell's operating privilege as one of the conditions of bond. Subsequently, however, Bell's attorney was successful in convincing the court that a full suspension of operating privilege was an unreasonable condition of bond, since Bell was the primary source of financial support for his family, and his job as a private investigator required him to drive to various locations. Ultimately, Bell was permitted to drive, but limited to the hours between 9:00 a.m. and 4:00 p.m. on Monday, Wednesday and Friday
DUI Bail Conditions
Bail is a specified amount of money or property (collateral) provided by or on behalf of a criminal defendant (possibly through a bail bondsman) as security that he or she will appear at future court proceedings. The defendant also agrees to obey all conditions of release, which may include: specific reporting requirements, required notice of address or employment change, abstention from alcohol or drug consumption, drug and alcohol assessments, non-contact with victims or witnesses, and strict adherence to all laws and local ordinances. Ultimately, compliance with conditions of bond results in a showing or respect and responsibility to the court. Failure to comply with any term or condition of bond may result in forfeiture of bond and incarceration until trial.
While judges generally refer to a bail schedule, Pennsylvania state statute provides the factors judges are to consider in determining bail amounts; they include:
- Nature of the charged offense charged and the likelihood of conviction
- Defendant's financial situation (including employment status and history)
- Defendant's family relationships and length of residence in the community
- Defendant's age, character, reputation, mental condition and alcohol or drugs issues
- Defendant's prior performance while released on bail
- Defendant's past failures to appear in court or escape attempts
- Defendant's criminal history
DUI cases in Pennsylvania may include creative bail conditions such as submitting to random urine screenings, attending 12-step programs like Alcoholics Anonymous (AA), or confinement in home detention with electronic monitoring pending trial.
DUI convictions have potentially severe penalties, which may include: a maximum sentence of 5-years imprisonment in a state corrections institution, a fine of $10,000.00, or both; in addition to suspension of operating privilege as mandated by PennDOT. If you or a loved one has been charged with a DUI offense, contact an experienced DUI attorney to discuss your specific situation and rights.
Article provided by The Law Offices of Gary E. Gerson
Visit us at www.garygerson.com
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