New PA DUI law – dramatic changes

Filed under: DUI by Steven F. Fairlie @ May 27, 2016

Governor Wolf has just signed a new Pennsylvania DUI law making dramatic changes to the status quo. Legislators and prosecutors have advertised the law as a measure to require ignition interlock devices for all first-time DUI offenders. Actually, the law does far more than advertised. First, the law immediately removes urine testing as an approved […]

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Trooper’s Mistake of Law Can Not Give Him Probable Cause to Stop Vehicle

Filed under: Criminal Law by Contributor @ May 26, 2016

In a recent decision, the Superior Court of Pennsylvania held that a trooper did not have probable cause to stop the defendant’s vehicle when the defendant changed lanes less than 100 feet after activating his turn signal. In Commonwealth v. Slattery, the defendant Slattery was driving on Route 30 when the trooper spotted him merge […]

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Hearsay Alone Is Enough to Establish Case Against Cosby

Filed under: Criminal Law, News by Contributor @ May 24, 2016

Today a Magisterial District Judge held all charges for trial against Bill Cosby on the strength of nothing more than hearsay testimony. The victim did not even have to show up to Court. Last year, in the case of Commonwealth v. Ricker, the Superior Court of Pennsylvania held that a prima facie case may be […]

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Ignition Interlock Now Required for First DUI

Filed under: DUI, News by Contributor @ May 23, 2016

On Wednesday, May 18th, the Pennsylvania General Assembly passed a new law requiring all convicted drunk drivers with a BAC of .10 or higher to use an ignition interlock system in their car for a year. Before this law, only those with multiple DUI convictions were required to use these systems. Ignition interlock systems require […]

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Sixth Amendment Right to Choose Counsel Violated When Government Froze Defendant’s Assets

Filed under: Criminal Law by Contributor @ May 19, 2016

On March 30th, the Supreme Court decided the case of Luis v. United States, holding that pretrial restraint of a defendant’s legitimate, lawfully obtained assets was a violation of the defendant’s Sixth Amendment right to retain counsel of choice. At issue in the case was a federal statute allowing the government to freeze a defendant’s […]

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