West Chester, PA 19380
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Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.
Joshua Tebay is an experienced attorney and former prosecutor licensed to practice in both Pennsylvania and New Jersey.
Michael E. Houghton brings both passion and enthusiasm to criminal defense through his extensive knowledge and experience.
Timothy Kraeer is a highly experienced traffic attorney who handles related criminal and civil matters across the state.
Since 1992, Ann has been advocating for her clients both in and out of tough courtrooms of Philadelphia, which has cultivated her craft.
David Strenfel is a highly experienced attorney who focuses on trial advocacy, constitutional law, and criminal defense.
Jonathon Luff has successfully represented countless clients and gain freedom for many wrongfully accused individuals.
These locations are available by appointment only
Our firm provides excellent services at reasonable fees and accepts a variety of payment methods, including most major credit card providers.
Lee Ciccarelli has received a 10.0 (Superb) rating on Avvo, the highest possible rating for attorneys on the site. This rating is given based on client reviews, peer endorsements, and professional experience and credentials.
Being arrested for driving under the influence (DUI) can have serious ramifications on your life. Many people are aware that a DUI can land you behind bars and lead to hefty fines. However, a penalty that is often overlooked that can have the most significant impact on your day to day life is driver’s license suspension. In order to avoid being unable to drive to work or school, it would be beneficial to contact an well versed license suspension attorney, who may be able to successfully have your driver’s license suspension revoked in a license suspension hearing.
If you have had your driver’s license suspended or you are facing an upcoming license suspension hearing, it is vital that you are prepared for the road ahead. The attorneys at Ciccarelli Law Offices provide quality legal representation and preparation to individuals in the counties of Lancaster, Delaware, Chester, and Montgomery, who have had their driver’s license suspended for DUI test refusal. We will assign a team of defense lawyers to your case, which will allow us to attack the prosecution’s case from many different angles.
Ciccarelli Law Offices has offices in Lancaster, Springfield, Philadelphia, Radnor, Plymouth Meeting, West Chester, Kennett Square, Malvern, and King of Prussia, that allow them to adequately represent clients throughout the greater Philadelphia region. Call Ciccarelli Law Offices today at (610) 719-3200 to set up your consultation with their dedicated team of attorneys today.
Any individual, who accepts the privilege of driving in Pennsylvania, has automatically given their consent to submit to a chemical test at the request of a law enforcement official. This is known as implied consent, and the details of implied consent are defined by 75 Pennsylvania Consolidated Statutes § 1547.
It is important to note that even with your implied consent, an officer cannot force you take a chemical test. If a law enforcement official suspects that you are driving under the influence of alcohol or controlled substances, he or she can ask you to take a test and you can refuse to do so.
However, if you refuse to take a chemical test, law enforcement will notify the Pennsylvania Department of Transportation, and 30 days after the notification, you driver’s license suspended for a year. During the 30 days, individuals who are awaiting suspension can have a license suspension hearing in order to appeal your license suspension.
In order to be granted a license suspension hearing, individuals must file an appeal with the Court of Common Pleas Civil Trials Division in the county their incident occurred in. The appeal must be filed within 30 days of you being notified of your impending license suspension.
If your hearing is granted, the Pennsylvania Department of Transportation will be required to prove that:
Unlike in a criminal case, in a driver’s suspension hearing, the prosecution doesn’t have to prove their case beyond a reasonable doubt, they only have to prove their case by a preponderance of the evidence. This means that if the evidence ways more in their favor (51%) than it does yours, your suspension can be upheld.
However, if the Pennsylvania Department of Transportation is unable to prove the elements mentioned above, your suspension will be revoked. With the help of an experienced DUI defense attorney, you may be able to weaken the prosecution’s case enough to swing the ruling in your favor.
If you have had your driver’s license suspended for DUI test refusal in Exton, Norristown, Willow Street, Southeastern Pennsylvania, Downington, Coatesville, or the surrounding areas, contact Ciccarelli Law Offices. The firm will assign a team of defense lawyers to your case, and they will ensure that you are fully prepared for your upcoming license suspension hearing.
Contact us today at (610) 719-3200 to set up a consultation to discuss the details of your case. The lawyers at Ciccarelli Law Offices are a group of qualified license suspension hearing attorneys who will fight to protect your driving privileges.