1522 Pennsylvania Ave, Peckville PA 18452  | Phone: (570) 307-4223

DUI/DWI Defense

Scranton DWI/DUI Defense Attorney Jair R. Novajosky

Driving under the influence of alcohol is a criminal offense in Pennsylvania. It is an offense that that may carry severe penalties, from substantial fines to incarceration.

If you’ve been charged with DUI or DWI, you need legal representation from an attorney with experience defending DUI cases and with a record of successful outcomes.

Attorney Novajosky devotes a large percentage of his continuing education to the latest developments in DUI law, and he has a wealth of experience in defending DUI cases in the eight counties he serves.

To learn more about DUI laws in Pennsylvania, and how he can help you, click here.

Additional Information ( click here )

Driving Under the Influence of Alcohol or Drugs/ Drunk Driving/ Driving While Intoxicated

PA DUI LAWS/STATUTES :
75 Pa.C.S.A 3802(a)(1) General Impairment or with damage or injury ****
75 Pa.C.S.A 3802(A)(2) B.A.C. 08% to less than .10%
75 Pa.C.S.A 3802(b) B.A.C. 10% to less than .16%
75 Pa.C.S.A 3802(c ) B.A.C. greater than .16%
75 Pa.C.S.A 3802(e) Minors ( under 21) B.A.C. 02% and greater
75 Pa.C.S.A 3802(f) Commercial Drivers B.A.C 04% and greater
75 Pa.C.S.A 3802(f) School Vehicles B.A.C. 02% and greater
75 Pa.C.S.A 3802(d)—Controlled Substance Violations
Many other statues exist that relate to DUI and Vehicular Assaults and Injury to other Persons
In Pennsylvania Driving under the Influence of Alcohol is a criminal offense. There are many different types of DUI offense that a person can be charged against a person. They all range in levels of seriousness bases on prior convictions, blood alcohol/controlled substance content or even a refusal to provide a blood or breath test. Generally, the police will charge a person with a DUI when their breath or blood shows alcohol above the legal limit or there it is shown to contain an illegal or illicit substance. All are criminal offenses and can carry the possibility of jail. In some cases Jail may be mandatory according to the statute.

WHAT IF I AM CHARGED WITH A DUI ?

After being arrested for and charged with driving under the influence (DUI), you need to act quickly and find the right defense attorney to handle your case.

Attorney Novajosky defends individuals charged with every type of DUI offense. At Novajosky Law Office, the first point of interest in every DUI case is to prevent the client from any exposure to Jail, prevent if possible any charges that could show on a criminal record, avoid conviction and or loss of driving privileges, employment and other losses.

WHY HIRE NOVAJOSKY LAW OFFICES?

Attorney Novajosky’s entire practice is committed to criminal defense. The largest part and most common offense that affect a wide variety of people are DUI charges. Attorney Novajosky devotes a large percentage of his continuing education to the latest developments in DUI law. He has unparalleled experience in defending these cases in all of the courts in which he practices.

Because the practice is limited to criminal/DUI defense, he is selective in what cases he accepts and has had successful outcomes, including complete dismissal of charges on cases that other attorneys has said were “non-defendable.”

Attorney Novajosky knows the system and the courts in which he practices. Attorney Novajosky limits his practice to only those Courts that he knows how the System works. Each Court in every county in Pennsylvania handles the same case in different ways. He knows the procedures, habits and thought processes of both prosecutors and judges. Retaining an Attorney who has a pre-established reputation of credibility and aggressive practice weighs heavily on how a judge will rule. The judges know Attorney Novajosky has a proven record of success.

If your case involves a complex and defendable issue of law, chances are Attorney Novajosky has already exploited the Government’s weakness in these areas in the same court with the same actors in that past. Experience in the court where your case is to be handled matters.

SOMETHING CAN BE DONE IN EVERY CASE!!

Do not hesitate to contact our firm if you are facing charges of DUI. Our firm is more than capable of providing the counsel and aggressive representation that you need to have your charges dropped or reduced. DUI penalties can be very severe, ranging from hundreds to thousands of dollars in fines, as well as possible jail or prison time.

Be sure to retain a DUI lawyer who can defend you!

WHAT SETS NOVAJOSKY LAW OFFICES APART?

Experience. Expertise. Knowledge. Education. DUI cases are highly specialized. Be certain to retain an attorney who specializes in DUI. If you are facing DUI charges, Attorney Novajosky can help you attain the best possible outcome.

CASE STUDIES

October 2013, Luzerne County

Clients were a young couple from Texas traveling with their children to New York City. Neither had ever been charged with a crime. The Pennsylvania State Police stopped them while driving on the interstate system and while accompanied by two other individuals in their car.

After a long and questionable “Stop” by the police, their car was searched and police discovered a considerable quantity (four kilos) of heroine and cocaine. All four were charged with Possession with Intent to Distribute Heroin and Cocaine.

The District Attorney’s only offer of leniency to all four involved was a Guilty Plea to a 10-yearminimum State Prison Sentence. On behalf of our clients, we refused to accept anything less than complete exoneration. After an aggressive hearing, pre-trial motions, court filings and legal research challenging the legality of the Government’s search and seizure, the Government agreed to dismiss the charges against our clients and their passengers.

The above case is an example of how aggressive cross examination, legal research writing and effective client communication can lead to the most favorable outcome.

May 2014

Client was under supervision by agents of the Drug Task force. After a controlled delivery of heroine to a confidential informant, client’s home was searched and the Drug Task Force discovered additional drugs, drug paraphernalia, “buy money” marked by the agents, and, most damaging, several guns with obliterated serial numbers within the same vicinity of the illegal narcotics.

After exploiting the Government’s arguable “illegal search” of the client’s apartment, several Felony offenses involving the Firearms and the Mandatory five-year minimum prison sentence were removed from the case. Client eventually received a favorable sentence after several negotiations with the District Attorney.

2007—Monroe County

Charges—DUI, 7th Offense

Client was facing a serious DUI ( Driving Under the Influence Offense) with a mandatory Prison sentence of not less than one year, if convicted. After his arrest, client was diagnosed with cancer and started suffering serious complications from the disease. Although client was of ill health the prosecution refused to dismiss the charges, instead proceeding to the trial stages.

Our firm challenged the case with a pre-trial motion to dismiss that was granted by the Court. Client obtained significant drug and alcohol treatment and continued to seek cancer treatment in a home and hospital setting, and has no criminal legal problems since.

2007- Wayne County

Felony Charges—Illegally Possessing a Firearm and Attempting to Illegally possess a Firearm

Client, in his early 30s was charged with and accused of lying on an application to purchase a hunting rifle from the sporting goods store. All applications to purchase firearms in the United States and Pennsylvania require a person to truthfully disclose prior criminal convictions or other reasons that would preclude them from possessing guns. Client checked the “box” on the application that he never was a patient in a “mental institution.” Police discovered that client was once admitted to the CMC hospital for a single day relating to a mental health issue when he was a juvenile. Because the CMC hospital has a Mental health ward, the charging documents alleged client lied on his gun application.

We argued that client did not lie on his application. Client didn’t know or believe that a stay at a few hour stay at a hospital when he was a minor constituted admission to a mental institution. We further argued that a majority of reasonable intelligent people in the community would never consider their local hospital in a residential neighborhood with the city’s largest recreational park across the street a “mental Institution” for the application purposes. The Court agreed and granted the motion to dismiss the charges.

2013—Lackawanna County

Felony Charges—Burglary Felony (entering a home) Theft/Receiving Stolen Property

Client was charged with unlawfully entering an apartment next door to a friend’s apartment. Client had been to friend’s apartment on numerous occasions in the past. Neighbor claimed that someone entered his apartment and stole his TV and other items. Because client was in vicinity and last person seen near the apartment on the day it was stolen, client was charged.

Result- charges dismissed and motion to expunge the records of the offenses fingerprints and photographs was granted to prevent future damage to client’s reputation and employment opportunities.

2014—Wyoming County

Possession of Drugs and Drug Paraphernalia Charges

Client, mid 20’s, was at friend’s house with her brother and ex-boyfriend. Ex-boyfriend was drunk and under the influence of drugs, and started hitting the client and brother. Client ran two miles from the home, leaving behind her belongings, to report assault to police.

Police met with ex-boyfriend at the home. Ex-boyfriend claimed he wasn’t using drugs and the drugs were the client’s. He retrieved a bag he claimed belonged to the client. He told police to open the bag. Inside the bag, the police found heroine and a needle.

Police charged ex-boyfriend with Aggravated Assault and client with Possession of a Controlled Substance. Police refused to drop charges against client, and after a full hearing to challenge the evidence the case was bound for trial. A pre-trial motion and brief outlining the illegality of the search and the motive of the ex-boyfriend to lie and plant evidence against the client was presented to the court. Immediately prior to the hearing date, the charges were dismissed against client.

2007—2012

United State Federal Court Middle District of Pennsylvania

Charges: Person Not to Possess a Firearm in a Federal Facility, et al, originated by the United States Postal Inspector/Department of Justice

Client, late 50’s, and in seriously ill health at time of offense, attended daily medical appointments and required 24-hour personal medical care. Client lived with his wife who provided full time care.

On day of alleged offense, client’s wife was driving him to his medical appointment. As part of daily routine client stopped at post office to check P.O. box. Client knew all employees and greeted them with the same pleasantries as the day usual.

Client forgot that he picked up his wife’s small handgun from the kitchen counter so that it would not be unattended in an empty home. (The client’s wife is from large city and had always carried a gun in her purse.) Postal employees were obligated to report seeing the client enter the post office with a gun. Client was charged by the Federal Government, and offered a plea bargain that would have required him to serve a minimum 15 years in Federal prison, a sentence complicated by client’s previous conviction from 30 years prior.

Due to client’s deteriorating health, he was determined to die at home with family rather than in a federal detention hospital facility. After years of pre-trial negotiations, research and medical opinions from local and national experts on client’s behalf, client ultimately passed away peacefully at home with his wife and family never having to serve any prison time.

In Archive