Firm News

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act is an underutilized tool for consumers around the country. Debt Collectors count on consumers and their attorneys not knowing the FDCPA. The general public’s unawareness of the protections afforded to by the FDCPA allowing debt collectors to do whatever they want to coerce payment. The only way to stop abusive and deceptive contact is to sue under the FDCPA. Debt collectors will only respond to financial influences, such as paying damages and attorneys fees incurred as the result of consumers filing lawsuits under the FDCPA. If you have been harassed, lied to or abused you can get monetary compensation. Call Rapa Law Office, P.C., we can help!

Pennsylvania Is Among the Safest States to Fall Behind on Credit Card Bills

Not that you should. Not that you’d ever want to. But if someday you happen to fall behind on credit card payments, Pennsylvania is among the safest places in the country to do it.

It is one of four states – the others being North Carolina, South Carolina and Texas – where debt collectors cannot garnish your wages if you default, according to Clayton S. Morrow, a consumer protection attorney in Pittsburgh.

Read more: http://www.post-gazette.com/pg/12051/1210901-499.stm#ixzz1mwUIuuux

Question About DUI vs DWI

Question;
“After speaking with a friend the other day we were discussing DUI vs DWI, maybe you could clear this up for me, they claimed that DWI and DUI are two different charges, but I always thought it was the same, it just depended on what state you were in on what it was called…”

Response;

Yes DUI (Driving Under The Influence) is the charge Pennsylvania uses, whereas other states use the charge of DWI (Driving While Intoxicated). However, there are different levels of Intoxication, and with each level the penalty changes. For example…

Pennsylvania’s DUI law was most recently amended in 2004 to lower the legal limit of a driver’s blood alcohol concentration from 0.10% to 0.08%. The amendment also established a tiered approach to alcohol-related DUI offenses based upon the concentration of alcohol in a driver’s blood or breath.

The lowest tier of Pennsylvania DUI is commonly referred to as the “general impairment” subsection of the DUI law. The “general impairment” tier includes cases where a driver’s blood alcohol concentration is greater than 0.08% but less than 0.10%. Drivers who are convicted of a first offense DUI having a blood alcohol level in the lowest tier will not experience a loss of license or jail time. However, drivers who were involved in an accident or have prior DUI charges within the last 10 years may face mandatory jail time and loss of license even with a blood alcohol concentration below 0.10%.

The second tier is called driving with a “high rate of alcohol.” A violation of this tier occurs where a driver operates a motor vehicle while having a blood alcohol concentration of greater than 0.10% but less than 0.16%. Drivers who are convicted of DUI while having a blood alcohol concentration in the second tier face a mandatory minimum jail time of 48 hours as well as a one-year loss of license for a first offense. Drivers convicted of a second offense with a high rate of alcohol face a mandatory minimum of 30 days in jail and a one-year loss of license.

The third tier is referred to as the “highest rate of alcohol.” The third tier includes drivers who operate motor vehicles while having a blood alcohol concentration great than 0.16%. Drivers who are convicted of DUI with a blood alcohol concentration in the third tier face the harshest penalties, which include a mandatory minimum of 72 hours in jail for a first offense as well as a one-year loss of license. For drivers convicted of a second offense with the highest rate of alcohol, they are subject to a mandatory minimum of 90 days in jail as well as an 18-month loss of license.

Depending on the circumstances surrounding the officer’s stop of your vehicle, whether or not you were involved in an accident or if you have had prior DUI convictions it can greatly influence the outcome of your particular case. The consequences of a DUI conviction can have an ever-lasting effect on one’s life, therefore, it is important to consult with an attorney immediately after your DUI arrest.

Hope this clears up that for you.

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If you have a question or are just curious about law please feel free to share them with Rapa Law Office, P.C., please be mindful Facebook is a public forum, and speak in general terms, if you have specific questions please feel free to contact us

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The contents of this are intended to be helpful, but are not legal advice and are not a substitute for speaking with an attorney. No attorney-client relationship has been or will be established with Rapa Law Office, P.C., or its attorneys without a signed written retainer agreement being executed by the parties.