Law Offices of Bruce G. Sandmeyer, Esq.Law Offices of Bruce G. Sandmeyer, Esq.2026-05-06T19:46:20Zhttps://www.brucegsandmeyer.com/feed/atom/WordPress/wp-content/uploads/sites/1504417/2020/07/cropped-Faviconn-32x32.pngOn Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Hidden flaws in Pennsylvania DUI field sobriety tests]]>https://www.brucegsandmeyer.com/?p=470452025-11-17T15:26:56Z2025-11-17T15:26:56ZHorizontal gaze nystagmus
The HGN test requires an officer to track your eyes as you follow a moving object, like a pen. The officer looks for involuntary jerking in your eyes, which they claim alcohol causes. Common flaws with the test include:
Pre-existing medical conditions, such as inner-ear problems, can cause involuntary eye movements.
Poor lighting, rain, or the officer moving the object too quickly can make the test inaccurate.
The HGN test can suggest impairment even in a completely sober person. The results are generally inadmissible at a Pennsylvania DUI trial as substantive evidence of intoxication because the scientific foundation for the test has not been adequately established under Pennsylvania law. However, the prosecution often uses these results in a suppression hearing to help establish probable cause for the arrest.
Walk-and-turn
In the walk-and-turn test, the officer asks you to walk a straight line, taking nine steps from heel to toe, then turn around and walk back. The test is already difficult for many people.
Uneven pavement, sloped roads or wind can affect your balance during the test.
Your footwear, a nervous fear of falling, or even your age can impact performance.
The officer’s failure to give clear, standardized instructions creates an inherent flaw.
These outside factors or an officer’s imprecise instructions can cause you to "fail" a test even when you are sober.
One-leg stand
For the one-leg stand test, the officer directs you to count out loud for 30 seconds while balancing on one foot. This test also suffers from significant flaws and from the officer's subjective scoring.
Weight, injury, or inner ear issues can naturally impair your balance.
Cold weather or a genuine fear of falling can cause you to sway or put your foot down.
These physical and environmental factors, not intoxication, often cause issues with this test. “Failed” tests frequently result from an officer’s misinterpretation.
Refusing FSTs vs. chemical tests
If an officer stops you on suspicion of DUI, it is vital to understand the difference between roadside FSTs and chemical tests. Pennsylvania's "implied consent" law applies only to post-arrest chemical tests, such as a breath or blood test.
While you can legally and politely refuse to perform roadside FSTs without facing an automatic driver's license suspension, a refusal to perform these tests is generally admissible in court for the purpose of establishing probable cause for the arrest and/or demonstrating a defendant's consciousness of guilt. This vulnerability underscores the need for securing skilled legal representation to protect your rights and challenge these tests in court.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Ten key factors courts consider for child custody in Pennsylvania]]>https://www.brucegsandmeyer.com/?p=468512024-10-31T19:44:02Z2024-11-01T06:41:44ZRelevant factors influencing child custody decisions
Pennsylvania law identifies various important considerations that judges must consider when making custody decisions. These factors help the court create a parenting plan that truly benefits the child's well-being. Some of the most significant factors include:
Encouraging contact
The court analyzes which parent is more likely to encourage and allow the child to maintain a relationship with the other parent. Fostering a healthy bond with both parents remains a priority unless it jeopardizes the child's safety or well-being.
Safety and safeguards
The court prioritizes the child's safety and will closely examine any history of abuse by a parent or someone in their household. They also assess which parent can provide better supervision and protection for the child.
Parenting history and ability to provide care
Judges evaluate the parenting duties each parent has fulfilled in the past. This includes providing daily care, attending school events, and generally being involved in the child's life. The court assesses each parent's ability to meet the child's daily needs, including physical care, emotional support, educational needs and any special requirements the child might have.
Stability and continuity
Judges try to maintain stability and continuity in a child's life. They consider the child's school, community involvement, and family relationships.
Sibling and extended family relationships
Courts consider the importance of maintaining healthy relationships with siblings and extended family members.
Substance abuse
Any history of drug or alcohol abuse by a parent or a household member is considered.
Mental and physical health
The mental and physical health of each parent and those living in their household are evaluated.
Child's preference
Depending on the child's age and maturity, the court may consider their preference for where they want to live. However, the judge will weigh this preference alongside other factors and ultimately decide what is in the child's best interests.
Parental cooperation and conflict
The courts assess the level of conflict between parents and their willingness to cooperate. They look for attempts by one parent to turn the child against the other.
Proximity of residences
The closeness of the parents' homes can influence the decision, as it impacts the child's daily routine.
Because child custody cases involve many factors and legal complexities, seeking advice from an experienced family law attorney is highly advisable. An attorney can help you present your case effectively in court and advocate for your child's best interests.
The courts in Pennsylvania take a thorough and nuanced approach to determining child custody. To effectively navigate the custody process, parents should meticulously document their involvement in their child's life, demonstrate a willingness to cooperate and seek legal counsel from an experienced family law attorney.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Divorce: supporting your teen through tough times]]>https://www.brucegsandmeyer.com/?p=468502024-08-07T14:50:23Z2024-08-07T14:50:23Zthe divorce, whether at home or school, there are things you can do to help them.
Communication
Be as open and communicative as possible with your teen. They want to know what's happening, and not knowing may be painful and scary. Uncertainty can feel uncomfortable, especially at an age where they are already struggling with physical and emotional changes.
Validate
When your teen talks with you about their feelings, validate them. It is easy to become defensive if your teen is acting out and saying things that might upset you. However, your child needs to feel that someone believes them and how they feel.
Routines
Try to keep routines as much as possible and minimize the number of changes your teen will have to go through. Changes are hard on kids because they thrive on routine and stability, and divorce often shakes their world.
Everyone, including teenagers, reacts differently to divorce. Knowing, accepting, and supporting your teenager in the ways they need is essential. If you need additional help, contact a professional. Your teen may benefit from attending therapy and having someone to talk to as they process this difficult time.
Lastly, your attorney can provide you with information and resources to help you navigate this aspect of parenting.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[How much can a DUI charge cost in Erie?]]>https://www.brucegsandmeyer.com/?p=468492026-01-30T21:12:09Z2024-04-30T14:52:32Z
Facing a DUI charge is a serious matter that can have long-lasting financial implications. If you're living in Erie, Pennsylvania, and find yourself in this situation, it's crucial to understand what you might be up against. A report from WTAJ has shed light on the average costs associated with a DUI conviction in Pennsylvania.
If you do not have a DUI on your record, the answer might surprise you: around $13,500. Here's a breakdown of the expenses you might incur:
Arrest, court, and legal fees: Around $2,300
Alcohol/drug treatment and education: Approximately $1,000
Defense attorney fees: On average, $3,655
Increased insurance premiums: Expect about $3,600 more per year
Ignition interlock device: Installing this in your vehicle will cost roughly $2,172
Department of Revenue and DMV fees: These can add up to about $773
These costs reflect the direct and indirect consequences of a DUI charge on your finances, emphasizing the importance of the decisions you make following an arrest.
The value of experienced legal defense
Few people are eager to spend several months' salary due to a conviction for driving while drunk or high, especially if they did not do it or the police violated their rights during the traffic stop. An experienced criminal defense attorney can help by investigating the evidence and developing a strategy for working toward reduced charges, a dismissal or a not-guilty verdict at trial.
Remember, the choices you make after a DUI arrest can influence your financial future. Seeking the counsel of a skilled attorney is an investment in your defense and can be the difference between facing the full brunt of these costs or reducing them substantially.
]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Child custody apps’ assistance]]>https://www.brucegsandmeyer.com/?p=468482024-02-13T08:09:42Z2024-02-13T08:09:42ZUsing a co-parenting app
A well-designed co-parenting app may better help parents stick to their schedules. An app’s ability to store and manage schedules may assist the process, as might the app’s potential to streamline conversations. Divorced couples could lack the ability to communicate amicably, and an app that replaces the traditional text messaging process might support filtering the communications. If the court orders the use of an app, communications could be subject to review by the court, which may prompt the parties to be on their best behavior.
An app might present a more orderly approach to adhering to a co-parenting plan. Text messages and voice mails could face accidental deletion. The sender and receiver may move messages to folders and forget where they are. An app might prevent these troubles from occurring.
A smoother process
Child custody arrangements bring with them many responsibilities. Only some divorce cases end amicably, as many divorce proceedings involve much conflict. The high-stress nature of intense divorces may hurt a child. An app that alleviates some problems could potentially cause negative conflicts that add to the stress.
If the app does not effectively contribute to the preferable order, it may be necessary to address problems in court. Doing so could be in the child's best interests.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Issues with eyewitness testimony]]>https://www.brucegsandmeyer.com/?p=468462023-11-12T05:14:36Z2023-11-12T05:14:36ZIssues with eyewitness testimony
Eyewitness testimony is unlike video or audio recordings, where someone can look or listen to the footage as it was recorded. A witness’ recollections may suffer from deficiencies that undermine credibility. That is not to say that a witness is outright lying, as the person could be mistaken. There are several reasons why a witness may not remember things correctly. Trying to remember events with clarity when witnessing something from too far of a distance or in poor light situations might result in unreliable testimony.
Misremembering could be another problem with eyewitness testimony. A witness may recollect things differently as time passes. The witness might sincerely believe they are giving accurate testimony when they are making statements based on cognition errors.
Defense concerns
One criminal defense strategy might be to address troubling comments made by witnesses who are being untruthful. A witness could have an agenda that involves making falsehoods in court. A personal vendetta or an attempt to deflect blame away from themselves might lead to perjury and false accusations. Pointing out inaccuracies or conflicting statements may help with the defense.
Other issues could contribute to problems with witness statements. Sometimes, a witness might be led by the police to make statements. Such actions by law enforcement would be illegal, and the truth might come out in court.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[Divorce and the family home]]>https://www.brucegsandmeyer.com/?p=467812023-08-11T06:47:36Z2023-08-11T06:47:36ZWhat are the choices?
As couples negotiate over their home during their divorce, they have three main options to choose from. These include:
Keeping the home as a joint asset and selling it later
Selling the home and splitting the profits and selling costs
Buying the home from one spouse, either through cash payment or some other compensation, such as a different property or a portion of retirement income
The couple's relationship and their parenting goals
If the couple has an amicable relationship, they might be able to easily decide on what happens to the home, and keeping the home as a joint asset is a possibility that might work. If their relationship is contentious, this might not be an option. Parents often believe that staying in the family home is best for the children. But this is not necessarily true, particularly if the parent who wants to keep the family home struggles emotionally due to the memories it brings or financially if they cannot keep up with the costs of maintaining the home.
The role of individual finances
Each spouse’s financial situation will also be a determining factor in a divorce. If a spouse does not have the credit or income to get a new mortgage to buy out their spouse and maintain the home, selling might be the better option. There are also tax considerations, as selling while still married means they can take advantage of a higher married tax exclusion.
Consider all the possible outcomes of the different options and how these would affect your life post-divorce before deciding. Be honest and open in your communication with your spouse during this period to make the best decision for your family.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[The consequences of a criminal conviction for those looking to enlist]]>https://www.brucegsandmeyer.com/?p=467722023-05-02T12:20:18Z2023-05-02T12:19:57ZA criminal record has many penalties beyond your conviction
When a person is convicted of a crime, whether that is a misdemeanor or a felony, it goes on their permanent criminal record. While many focus on the initial incarceration or criminal fines that come from a conviction, the additional penalties that apply afterward can be equally severe. Housing opportunities may disappear, public benefits may be unavailable, and career options will be limited.
In some limited cases, such as with juvenile cases, the military may not have access to these records, but that varies by the applicable state law.
For those interested in serving their country, a criminal record can preclude you from enlisting. Not every conviction is automatically going to block an enlistee’s application, however felonies are generally significant enough to warrant a disqualification, as are multiple severe misdemeanors. Although this may sound final, there is still an option that enlistees can turn to.
A solution for those with criminal backgrounds
Now, there is a pathway to getting past this barrier. The United States military can grant a moral waiver for previous criminal conviction so long as the individual is eligible. This waivers can apply to most applicants, however there are still some cases that would warrant a denial of a waiver.
The military will deny waivers for applicants for crimes involving narcotic drugs, a history of three or more DUI convictions, a total of five or more misdemeanor convictions, or who are currently facing criminal charges. In these cases, the military will not be able to grant a waiver.
There are a lot of details that can impact the granting of a moral waiver to enlist. For those seeking to obtain one, it is worth doing your research and speaking with a local recruiter to see whether your criminal record would impact your application or require a waiver. If the offense is not eligible to be waived, you may need to see if your previous criminal record is eligible to be expunged.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[How marital assets are divided in a Pennsylvania divorce]]>https://www.brucegsandmeyer.com/?p=467702023-02-27T16:45:09Z2023-02-14T03:28:34ZAn equitable outcome
In Pennsylvania, family law judges consider all of the facts before deciding how marital property should be divided. A spouse that sacrificed a career to raise children is likely to be treated far more kindly than an abusive or philandering spouse, and spouses who entered a marriage with considerable assets are likely to receive less than spouses who have little to fall back on. Other factors judges consider when making property division decisions include:
The length of the marriage
The contributions made by each spouse during the marriage
The debts acquired by each spouse during the marriage
The behavior that led to the divorce
The ages and earning capacities of each spouse
The ages of the children involved and the custody arrangements in place
Separate property and commingling
The assets that each spouse acquired before they got married are not normally divided in a divorce, but family law judges make exceptions to this basic rule when separate property has become commingled with the marital estate. This happens when marital funds are used to maintain, improve or repair a separate asset. For example, a piece of art that a spouse owned before they walked down the aisle could become subject to division if money from a joint bank account was used to restore or insure it.
Avoiding property division disputes
Property division disputes can become contentious in a divorce, and this is particularly true in states like Pennsylvania where equitable distribution laws make it difficult to predict how a judge will rule if the case goes to court. Couples who wish to avoid belligerent negotiations and public court battles can avoid them by acting proactively. When prenuptial and postnuptial agreements are basically fair and negotiated in good faith, they can determine how property should be divided before anger and bitterness complicate matters.]]>On Behalf of Law Offices of Bruce G. Sandmeyer, Esq.<![CDATA[What are some common ways to challenge a breath test?]]>https://www.brucegsandmeyer.com/?p=467682026-01-30T21:12:35Z2022-11-12T03:14:28ZOnly one test was administered
Police must perform multiple breath tests to ensure that the device is working properly and the results are accurate. In a case involving driving under the influence, if only one test was done, you can use that fact to challenge the results. A single administration of a Breathalyzer is unacceptable and might get the charges against you thrown out of court.
No reasonable suspicion to stop you
Before a police officer can make you pull over and request that you take a breath test, they must have reasonable suspicion that a crime was being committed. This means there must have been a legitimate reason to make you stop your vehicle. For example, your license plate was half hanging, your headlights were off after dark or you ran through a stop sign. Without the requisite reasonable suspicion, making you submit to a breath test is illegal and you can challenge the results in court.
The machine was not calibrated
If an officer believes you are guilty of drunk driving and administers a breath test, the machine must be properly calibrated. Otherwise, it can malfunction and provide inaccurate results that you have the right to dispute. This commonly occurs in DUI cases and could work to your advantage.
You were not under the influence
You can also challenge the results of a Breathalyzer if you were not actually under the influence of alcohol. Some other substances contain traces of alcohol, which can result in a false reading on the device. Certain medications and even mouthwash or breath fresheners often contain small amounts of alcohol and can show a blood alcohol concentration reading.]]>