Case List 4

Attorney Patrick F. Lauer, Jr. can guarantee no results in any particular case because each case has its own unique characteristics. Just because Mr. Lauer might be able to get charges against one client dismissed, he may not be able to get another client's charges dismissed for the same reasons. In no manner should this analysis of cases be interpreted as a promise, guarantee, or representation that a client will receive any particular result.

Commonwealth v. E On July 12, 2002, the defendant was stopped by Highspire Borough Police Department for allegedly driving his vehicle with window tint on the windows. The defendant was subsequently requested to do field sobriety testing, and he failed those tests, and was requested to submit to a blood test with a result of .18%.

Attorney Lauer represented the defendant at the preliminary hearing, and argued that there was insufficient probable cause to stop the defendant and the commonwealth failed to establish the proper foundation to get the blood test results into evidence.

All charges filed against the defendant were dismissed.

Commonwealth v. M In September of 2002, the defendant was in a parking lot of a McDonald's in Chambersburg, Pennsylvania, and got into a verbal altercation with someone who had his or her car parked in the parking lot. The police were called and they smelled the odor of alcohol on the defendant's breath, and he was requested to submit to field sobriety tests. Defendant failed those tests, and was then requested to submit to a blood test, and defendant refused to take the blood test. The defendant was charged with DUI. This was the defendant's second offense overall, and there the defendant was facing a thirty-day jail sentence.

Attorney Lauer represented the defendant at the preliminary hearing and got the DUI reduced to a summary offense of disorderly conducted. Attorney Lauer saved the defendant thirty days in jail and a year loss of license. Unfortunately, the defendant did lose his license for one year for refusing to submit to the breath test.

Commonwealth v. B The defendant went to a Sheetz Store in Lewistown, Pennsylvania, and got into a verbal altercation with a Sheetz employee. The defendant left the store and the police were called by the Sheetz employee. The defendant was stopped about two blocks from the Sheetz Store. The officer smelled alcohol on the defendant's breath. The defendant failed field sobriety tests and was subsequently given a breath test. The defendant's BAC was .18%.

Attorney Lauer represented the defendant at the preliminary hearing and was able to get the charge reduced to a summary offense of disorderly conduct and public drunkenness.

Commonwealth v. S The defendant was involved in a minor motor vehicle accident on November 28, 2002. The defendant was charged with driving under the influence of alcohol by the Harrisburg City Police Department in Harrisburg, Pennsylvania. Subsequent to the defendant performing field sobriety tests, he was requested to take a breath test, with a result of .133%. Attorney Lauer represented the defendant at the preliminary hearing and the charges were reduced to a summary offense of disorderly conduct and public drunkenness. Attorney Lauer saved the defendant from having driver's license suspension or a DUI on his record.

Commonwealth v. G On January 26, 2003, the defendant was stopped in Cumberland County for allegedly failing to utilize his turn signal and touching the fog line. Subsequent to the defendant being stopped, he was asked to perform field sobriety tests and allegedly the defendant failed those tests. The defendant subsequently took a breath test with a result of .143%. Attorney Lauer represented the defendant at a preliminary hearing on April 30, 2003, and the charges against the defendant were dismissed.

Commonwealth v. G On June 2, 2002, the defendant was operating his vehicle on Interstate 283 in Harrisburg, Pennsylvania. A motorist had been following the defendant and observed the defendant crossing in and out of several lanes without using a signal and almost struck several vehicles. The motorist called 911 and requested police to intervene. Additionally, an off duty officer also observed the defendant's outrageous driving. The defendant almost struck a parked police vehicle on I283 as well.

The defendant was stopped and given field sobriety tests which was alleged that he failed and the defendant refused to submit to chemical testing. Attorney Patrick F. Lauer, Jr. represented the defendant at the preliminary hearing and the charges were bound over for court, but Attorney Lauer continued to fight the case at a trial and the defendant was found not guilty. Attorney Lauer was able to recover work records indicating that the defendant had worked 150 hours in a two week period and also subpoenaed several witnesses to establish that the defendant has only two or three drinks and that the defendant was not drunk, but merely tired and exhausted.

Commonwealth v. U On October 31, 2002, at approximately 19:35 hours the defendant was stopped for operating her motor vehicle erratically and she was observed driving the vehicle and running over several trash cans sitting along side the road. The officer stopped the defendant and gave her field sobriety tests, which she allegedly failed and she submitted to a breath test with a result of .20%. The defendant was facing a thirty day jail sentence as this was her second offense, and an additionally year loss of license. Attorney Lauer represented the defendant at the preliminary hearing and was able to get the charges reduced to reckless driving, thus saving the defendant a jail sentence and a one-year loss of license.

Commonwealth v. R The defendant was charged with operating a motor vehicle while under the influence of alcohol on March 14, 2002. The defendant was involved in a motor vehicle accident and a portion of the defendant's torso was behind the wheel of the vehicle and a portion of her torso was behind the backseat of the vehicle. There was another individual in the vehicle whom my client indicated had been driving at the time of the accident. There were some witnesses who testified that they last observed the defendant operate the vehicle just prior to the accident.

Attorney Lauer represented the defendant at the preliminary hearing and the charges were bound over for court. Attorney Lauer subsequently filed suppression motion in Huntingdon County Court and the DUI charge against the defendant was dismissed in lieu of the charge of reckless driving. The defendant avoided a mandatory thirty-day jail sentence and a year loss of license. However, with the conviction for reckless driving, the defendant will loose her license for thirty days.

Commonwealth v. K On September 24, 2002, the defendant was operating a motor vehicle and struck several parked cars and hit one of the cars where an individual was working underneath the hood of the vehicle. The defendant submitted to a blood alcohol test with a result of .02% and further testing revealed that the defendant had a derivative from Valium in his system. The charges of reckless endangerment and DUI were bound over at the preliminary hearing. Attorney Lauer filed suppression motions in this case and retained an expert who would testify that the amount of alcohol and drugs in the defendant's system would not have impaired his ability to operate a motor vehicle. This offense was a misdemeanor of the first degree and the defendant was facing a mandatory minimum of at least thirty days if he was convicted.

The DUI charge was dismissed and the defendant plead guilty to reckless endangerment with an agreed upon sentence of fourteen months probation.