Mark Taiani Interview Transcript (Pennsylvania DUI Lawyer)

 

RJ: What makes you to choose to handle DUI cases and what motivated you in the beginning to be a criminal defense attorney?

 

MT: I've been practicing now a little over ten years and it actually all started when a couple of my good friends got pulled over by the police. I was just starting to get involved in criminal work. And they asked me hey Mark can you handle these cases so I said sure I'll give it a shot. And actually I was able to pick up a lot of information from it , it was very enjoyable. The criminal practice, practicing criminal law is very enjoyable for me because I get to go to court every single day. I meet clients, I do legal pleading. So it's a little bit of everything. So it;s very exciting also knowing that you are helping somebody out who is going through a very difficult time period in their life. And we try and work them and help them through their problems, alcohol related or whatever it is that led them to drink and to drive. And you know we want to help them so that they don't lose their job, they don't lose their license   and see what we can do to help them to move through and get through this difficult time in their life. In fact it is very enjoyable seeing that after it is resolved they are not really nailed to the cross if you will.

RJ: Okay, For DUI Specifically how many cases have you handled in what time period?

 

MT: Sure. We normally on a monthly basis to my knowledge in our office we normally do anywhere between 10 to 20 cases a month. And those all range from either being first time offenders to multiple offenders . I have represented people with as many as 8 DUI's . It's significant. So I would say it breaks down pretty evenly. But for the most part 10 to 20 DUI cases on a monthly basis.

 

RJ: Okay. Is there any typical circumstance of your cases? Do you have more first time offenders or more men or women or more older people?

 

MT: Well the one thing about DUI case is that I have found that it pretty much breaks out evenly across the spectrum but it seems to be for the most part the ones who seem to get in the most trouble seem to be younger individuals who are just learning about drinking and driving . They are coming out of college and they are used to probably walking across campus to go out for their drinks and now they get in their cars. You can't do that. If you have anything in your system they'll hammer you with a DUI. And traditionally I would say 50% of the people I represent tend to be first time offenders. And luckily there are programs out there to keep those people out of jail and also to help expunge their record if they have for these type of charges. For the most part the split is about even, 50% are first time offenders and 50% are repeat offenders. Each case is unique on to itself. So depending on what your facts and what your circumstances are we would then talk with you on your options.

 

RJ: Do you have more clients that have a high blood alcohol level or a lot of people that are close to the .08 limit?

 

MT: What is pretty amazing is all depends on, a lot of the blood alcohol level or the DAC count content is based upon your body weight your height, your size and how many alcoholic drinks you've had. For example if someone is five foot or five two, only weighs a hundred pounds if they have even one drink they are over the limit. Where as if you have the person who's six six close to three hundred pounds normally it takes two, two and a half to three drinks to get them over the limit. So it depends on where you are at. But for the most part if you are any where even close, if you are .08 in the common law of Pennsylvania they will charge you. It doesn't make a difference who you are or what you did. So if you are close, they will absolutely charge you. So what we look at is, see obviously what the DAC level is and based on that we'll have conversations. What is your best possible route to defend against these charges.

 

RJ: Okay Do you see a lot of DUI cases due to drugs or more due to alcohol? And how do the drug cases is it harder or easier to defend those?

 

MT: Well it is all case specific. But I will say in the last two to three years the common law from Pennsylvania and the police and the district attorney's offices are starting to prosecute individuals for DUI's for individuals who have over the counter medication or have prescribed medication. Before a lot of times they would say okay this is not our standard type of DUI. When you think of DUI you think of driving, drinking and driving. Going to a bar and leaving. Well a lot of these people are taking over the counter medication or they are mixing it with their prescribed medication and that in of itself is a cocktail that you can be charged with a DUI on, And that's happening a lot more now. Now defending against that is there are ways to defend against both types both alcohol and drugs.

 

Whether that is prescribed or elicit drugs. But in any event, there are standards the state uses to make a determination where do you fall on that line if you are on the lower end or the higher end. And basically if it comes down to blood test then. And also what exactly evidence do they have? So in the end, once again it is case specific and based on the evidence that the district attorney and the police have. But latlty there have been a lot more cases that have been coming to us that have drug related. Not just elicit drugs whether it is marijuana in the system, say you smoke a blunt, from two three weeks ago it is still showing up in your system and then they can still charge you have to charge you for a DUI. But we can defend against that. What we have to do, once again it is case specific, but the individual must be aware that the common law the state can and will charge you with a DUI if there is anything in your system whether it is illegal or legal.

 

RJ: Well you may have covered this but what is unique about the DUI laws in your particular county, state and areas you service?

 

MT: Well the one thing about the common law of Pennsylvania that is unique, back in February 2004 that is when the DUI laws in Pennsylvania changed. And became a lot harsher. There are a lot more mandatory sentences that are being handed down from what there used to be. Now one of the biggest differences between wherever you go, give you an example. We are located in Pittsburgh which is {Almeda} county.{ALamena} county court of common pleas which is court system in our county is prescribed to do certain things as is every other county in Pennsylvania. So in other words there are 67 other counties in PA, we all have the same sentencing law for every county. But any county that you are in handles it slightly different. Give you one example. In {Alagena } county you can apply for, if you are a second or third time offender, electronic monitoring. In other words basically you have an ankle bracelet in lieu of going to jail. You can petition the court, if you meet certain qualifications and agreed upon by the court to have the electronic monitoring. Which means you don't go to jail but rather you wear an ankle bracelet.

 

Where as in some counties they don't have the basically the set up. They don't have the bracelets, they don’t have the funding for that. So you don't have an option. If you are in one of the smaller counties, the only option that they prescribe to you is that of jail. So it is imperative to know which county you are in and what options you have. Because if you think you are just going to cop a plea and you are just going to get electronic monitoring and it is just going to work out on probation that is not necessarily the case. So in the end what you have to have is an attorney who is familiar with each county in which the DUI case took place. Because there is rhyme or reason why one county offers one offer of plea and another county does not. In other words even though the law states X the county can determine, basically the biggest difference is if you are going to go to jail or if you are not and what alternatives do they have and what you can get. And that's only going to be known by your attorney. Because if you are going in there a lay person, you don't know what the district attorney is going to offer you and you don't know if that is a legitimate deal or if you can do any better. And you aren't going to know that unless you are being counseled.

 

RJ: Fair enough. So what would be your best tip when someone has been driving and the lights come on behind them. And they may have had a drink or so. What should they do or shouldn't they do as they are being pulled over?

 

MT: Well the first thing I tell them, obviously they shouldn't be in the car to begin with. If you have had, if you are deciding you are going to drink at all you should not be in a car. The only reason you should be in a car is if you are in the back seat or in the passenger seat. Even one drink, basically for most people puts you over the limit for the purposes of driving. So in order to avoid all of this you shouldn't even be in the car. Get a taxi, walk, ride a bike, have a friend drive you whatever you need to do. Don't get in the car if you know you are going to drink. Even if you do drink, whatever you do, if you are going to stay in your car overnight, don't put your keys in the ignition. But let's say you are pulled over, there is some alcohol in your system you see the lights come on, the most important thing you can do is you basically cooperate with the police. In that you turn on your dome light in your vehicle. You pull off to a safe area so there is no problems with the police getting in and out.

 

If you are on a busy highway try to pull off into a pull off if there is one. Open your window, do not look for your license or registration or anything until the officer approaches the vehicle. Once the officer then asks for your license and registration you tell the officer what you are going to do before you do it.  In other words, if your license is in your pocket you are going to say, officer my is in my front right pocket, I would like to take it out and hand it to you. You tell the officer what you are going to do before you do it so the officer doesn't think you are grabbing for something. One of the things the police do is they want to protect their safety. They don't know who you are. It is a random traffic stop. They don't know who you could be. Take your time. You hand the information. Don't panic as best you can. And don't make small talk. Ask him what he wants. Provide it to the officer and then whatever you do do not make any statements against your own. Do not tell the officer anything. If he specifically asks you know comply with his request but don't make any admission. If the officer asks if you have been drinking then make no comment at that point. You do not have to make a statement to the police.

 

RJ: Well what if he says to you, have you been drinking literally what do you say? Nothing?

 

MT: Well I mean if the officer goes out, obviously you want to make the next step would you probably would be taken out of the car and given a field sobriety test. My recommendation is that you do not make any statements at all to the police. If they ask you comply with all of their request and follow through. The most important thing is, in order to fight a DUI the facts are going to be against you if possible and so will the testimony of this police officer. So the best thing you can do is limit their, as much information or evidence they have. In other word don't give them any additional help. If they have anything you don't have to make a statement to the police. My recommendation is you comply with their request, whatever they do you comply with it. You do, but you don't give them additional information or supporting documentation or evidence that you have been drinking. If they ask, you should ask to speak with your attorney. Now at a DUI stop it is not a necessary requirement. They don't have to allow you to talk with your attorney. They can book you, they can do whatever. But if you planning on fighting it the best thing you can do is comply with their request but don't give any statement. And then when you have an opportunity speak with legal counsel immediately.

 

RJ: Have you had a case where someone did a really good job and said pretty much nothing to the police?

 

MT: Well once a police officer basically pulls you over and if they believe that you have been drinking more than likely you are going to be taken out for some field sobriety test. And you are going to have either a breathalyzer done or blood work done. As long as you comply with the police they will probably cut you loose that evening and they are not going to make you spend the entire weekend or the evening in the county jail. If you cause the police problems in everything that they are doing and don't comply with their requirements then they can make life very miserable for you. They can put you into county and they can hold you up to three days. Put you in the county jail then. So I recommend if you are going to comply with that then you are OK. The place to fight your DUI is not at, when you're getting pulled over. The place to fight it is in the court room. And that's why the courts are set up. So if they are doing something illegal, we'll fight it. We will go through that with you, with our clients.

 

RJ: Okay

 

MT: The most important thing to do is make sure that you comply with the request by the police. Don't provide any additional information.

 

RJ: This may be a little off topic but I have heard about some cases where someone was sleeping it off in their car or someone was intoxicated and they went to their car to look for something or the police heard that they were driving drunk but didn't see them. In this type of cases is it easier to defend ?

 

MT: One of the requirements of the law is very clear. You have to be in control of your vehicle. Now in Pennsylvania what does control mean? Control means not necessarily driving down the highway. But as long as you are sitting in the drivers seat with the keys in the ignition that is significant enough. So if for some reason you are trying to sleep it off, what I would recommend to somebody is under no circumstances should you put the keys in the ignition. As a matter of fact I would say to even put them outside on your tire and sleep in the back. Do not turn the engine on. The moment you turn that engine on, it doesn't make a difference if you put the car in drive or anything, you can be charged with driving under the influence. So if you are in your vehicle make sure your keys are no where near your ignition and my recommendation is either sit in the passenger seat or sit in the back and just let it be. Do not turn your car on, do not put the keys in the ignition. And if you do that you can be you will be charged and will more than likely be convicted of a DUI.

 

RJ: Okay. What kinds of help can you provide to people that are being prosecuted? Can you help reduce jail time or can you reduce their fines? Or what kind of things are you able to do?

 

MT: Well most important things since the DUI laws in Pennsylvania have mandatory sentencing, if somebody promises you oh I can get you stuff that no one else can, that's a fallacy. In Pennsylvania it is basically mandatory sentencing means based on your blood alcohol level or your DAC level it is going to put you in a certain guideline range. And then basically based on which county you are in it is going to be up to the district attorney whether or not you have or if they make available to you electronic monitoring. What we do at attorney's at law at my office, we walk you through the process explain to you the process so you know whats going to happen. We explain to you what your court appearance is going to be like. We take you there. We make sure you we get you the best possible deal that we possibly can.

 

And we say that every county is unique in how they prosecute somebody for a DUI and what they offer for a plea agreement. Now in the county you might be eligible for electronic monitoring, in West Mooreland county, you might not be. If you are we will work to try and we will explain to you what your options are before you even get down to your actual trial date. Therefore you would have a better chance of saying is this worth it. Should I fight this or shouldn't I fight this. So what we do is we walk you through the process. We explain to you everything that could happen before it happens and if you have questions we are here office hours. And I also supply my clients my personal cell phone. So if it is non office hours and you have a concern or a question you can call me. And I will be there for you and at any time you have any issue we will get back to you immediately if you can't get a hold of us. We give personal attention that a lot of the bigger firms don't.

 

RJ: Okay. So what have you learned about people's behavior  if they are arrested or prosecuted? What insights have you gotten into most people's behaviors?

 

MT: Well I think the most people they take responsibility for their actions. Most people are embarrassed. They are embarrassed more than anything else by a DUI. But what they don't realize is how much this affects their life. Specifically if you are looking for a job down the road and your future employer do a criminal background check these things pop up. Not only is it embarrassing but it can keep you from getting a job. The next issue that people don't realize is the licenses suspension attached. If you are not eligible for a first time offender program, you are looking at a minimum of 12-18 months license suspension. And if you work, as most people in this country and state do you don't walk to work. You have to drive. And if you lose your licenses there's no way you are going to be able to get to work.

 

You are going to lose your job. So even though people are apologetic they want to they don't think out the consequences before they act. And I think most people are just trying to do the right thing. They just have some problems. A lot of people that get these DUI's are dealing with a lot of personal issues. Or they have an addiction problem. But what is most important for our firm is to help them not only get through this legally but make sure that this doesn't happen to them personally again. They have got an addiction problem, we present them some additional solutions that they can wander around.

 

RJ: Right okay. Is there a particular story that you keep hearing over and over from your potential clients or your clients?

 

MT: Well I mean everyone, the most important thing that I hear from I think every single person that comes in here is I didn't think I was that intoxicated. And the bottom line is, if you have anything, anything at all in your system you can be pulled over. Let's put it this way. The police have a plethora of different charges that they can pull you over and charge you. If they smell any alcohol at all on you that raises their level and they can ask you to step out and do some field sobriety tests. In other words, if you have any alcohol in your system at all it is better that you do not drive home or have somebody that is a designated driver or get a taxi or do whatever you can. Do not get in your vehicle. Because if you do and God forbid you were involved in an accident or if there is a police stop or you get pulled over for speeding there is a distinct possibility that you can and you will be charged for a DUI. And quite honestly the financial cost, the cost to your employment, your future, your career your family life, the stress that it is going to impose on you is not worth it. Regardless even if you, even if we go to trial and we win. All the stress and the money you have spent is not worth that twenty minute, thirty minute car ride that you are in. if you don’t want to spend the 10 or 15 dollars on a taxi or wait for a ride.

 

RJ: So do you feel that the DUI punishments are too harsh or are they too lax and why?

 

MT: Since 2004 since they have modified them, Pennsylvania has made them a lot more stricter. And honestly given the crime and the possibility of what can occur while you are driving while you are intoxicated I think they are fair. The one thing that I think is unfortunate is pend on. And the license suspension that can happen. More people get in trouble for subsequent violations of driving on a DUI suspended license than they do on the DUI itself. And once you lose your driving license your whole life can fall apart. You can't keep a job, you can't drive to work. You can't pay your bills and this causes you into basically a spiral.

 

Causes you more problems that it is worth. So as it relates to the criminal sanction they are not as harsh as it could be, as it is in some states. They are relatively fair. The problems that I have are the significant license suspension issues that pose and the limited ability of Pennsylvanians to get a good, or what is other wise known as bread and butter licenses or occupational license to drive to and from work. Once you get a DUI and if you are convicted of it you are going to lose your license and that is going to cause some significant problems in your life

 

RJ: So you are saying some a lot of the lost licenses that they will drive and end up getting pulled over and cause more problems.

 

MT: Unfortunately yeah. And driving on a DUI suspended license in some instances is harsher than the actual DUI. What I tell people is. Give an example if you are first time DUI violator and you don't have any prior conviction, you are eligible for a first time offender program. That offender program is anywhere from 6 months probation to 12 months probation, no jail time. And in most instances it's a 30-60 day license suspension. If you are driving during that time of suspended license and you get caught it's 60 -90 days in jail. 500 to a thousand dollar fine. And most importantly another 12 month license suspension. So that's where they really get you. It's not the original violation that gets you in trouble it's the subsequent one that causes problems.

 

So having said that what people have to understand is in that additional license suspension would also tack on to whatever you currently have. And if you are in the first time offender program and you get convicted of driving on a suspended license you will be revoked from that program. And then your punishment goes from 6-12 month probation and no jail time and 30-60 day license suspension to one year license suspension 48 -72 hours in jail or whatever it is and it just magnifies the problems that you are in. so people do it. And I hate to say it but I don't care who you are in this world one thing that is a constant is if you drive your car enough, you will be stopped or you will get yourself involved in an accident. It happens to everyone.

 

RJ: And it's true. I guess my last question which may be a depressing one is what do you see as the future of DUI in terms of the punishment and number of people being hauled in?

 

MT: One thing I will say is the numbers have, the punishment has forced, some of the numbers from what I look at is statistics they are going down. Individuals who have been killed by alcohol on the highways in Pennsylvania have been declining since these increased punishments have occurred. However I do perceive that the state legislature will be increasing it. Making additional punishments. One of the things that they are looking at doing right now is even if you are, as a first time offender you do not if you are convicted of that and become a first time offender there is no ignition interlocks. In other words where you have to blow into a tube to start your car to show that you don't have any alcohol in your system. They are the state legislature is looking at making that a punishment for everyone so if you are convicted of a first time offender can get that.

 

I think some of the other punishments they are looking at is increasing possible jail time or foregoing increasing financial costs to you, increasing drug and alcohol classes. I mean there are a lot of things that the state can increase. And probably most important thing I think the state is also looking at possible extending the licenses suspension  and they are already harsh to begin with. 12- 18 months. No time to sneeze for a first or second time offender. So that's something significant. So down the road I do foresee the penalties increase in severity. And I do believe that they are going financially as well as requirements that you need to adhere to before you can walk off your time

 

RJ: And last I want to ask you is what, what do you want to tell all the persons who are watching this video? What do you want to tell them about what you can do for them?

 

MT: Sure. What I would say is anyone who is looking for an attorney we have plenty of different options. The most important thing you have to be comfortable with is to your firm is who is working on your behalf. You need to meet with that person you need to get a sense of what they are willing to offer to you. And most importantly it is not about price, it is about what they can do for you and the personalized attention. Because when you go out there, I mean you have plenty of options, you need to pick the best one that is for you. And given these charges you need somebody there who can explain it to you in detail and be able to defend you in a court of law if you decide to fight it. So you need someone with experience. You need somebody on your side and you need somebody that is knowledgeable.

 

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