No Mandatory Minimums for Refusing Blood Test in PA

Filed under: DUI by Contributor @ February 24, 2017

“In absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police [for suspicion of DUI] is not subject to enhanced penalties” (Commonwealth v. Giron). The Pennsylvania Superior Court held that Giron, who was found guilty of DUI, was sentenced illegally because he […]

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Mandatory Minimums May Not be Imposed for Refusing to Submit to a Blood Test

Filed under: DUI by Contributor @ January 18, 2017

In a brand new decision, a panel of three judges in the Pennsylvania Superior Court held that a trial judge may not impose a mandatory minimum sentence based on a DUI defendant’s refusal to submit to a warrantless blood test. This past summer the United States Supreme Court concluded that a breath test, but not […]

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Life, Liberty, and Pursuit of Happiness Not Enough to Expunge Conviction

Filed under: Criminal Law by Contributor @ January 9, 2017

“It’s been over 30 years. It would be nice to put this behind me.” That is what John Romeo was hoping to do when he filed a petition for expungement of his 32-year-old criminal trespass conviction. The Montgomery County Court of Common Pleas denied his motion. The Pennsylvania Superior Court affirmed the denial holding that […]

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Steve Fairlie’s new LexisNexis DUI Practice Guide Now Available

Filed under: DUI by Steven F. Fairlie @ December 19, 2016

Defense Attorney Steve Fairlie and former elected District Attorney Max Little have collaborated on a book, recently published by LexisNexis, titled Pennsylvania DUI Law. The book is a comprehensive look at the issues that arise in Pennsylvania DUI cases and how to solve them. This book is designed to be used by defense attorneys and […]

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Criminal Record Sealing Law in PA Greatly Expanded

Filed under: Criminal Law, News by Contributor @ November 25, 2016

Earlier this year we posted an article discussing that a broader criminal record sealing law will be going into effect later in the year. Well, that time has now come. Starting November 14, 2016 , an individual who has been convicted of certain non-violent 2nd or 3rd degree misdemeanors is able to seek to have […]

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