Articles

Ignition Interlock Devices Permit Suspended PA Drivers to Get Back on the Road

Filed under: DUI by Contributor @ August 30, 2017

In May 2016 Governor Tom Wolf signed Act 33 into Pennsylvania Law. The act allows some individuals convicted of Driving Under the Influence of Alcohol or Controlled Substances, whose licenses have been revoked or suspended, to apply for an Ignition Interlock Limited License (“IILL”). The ignition interlock system is leased and placed in the vehicle […]

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DUI NEWS: CRN Evaluation Not Required As Bail Condition

Filed under: DUI by Contributor @ August 19, 2017

On July 14, 2017, the Superior Court of Pennsylvania ruled that Requirements for driving under influence offenders (-75 Pa.C. S .§§ 3816) did not require that all defendants charged with Driving Under the Influence (DUI) submit to a Court Reporting Network (CRN) Evaluation as a condition of bail. Specifically, the court found that this requirement […]

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Birchfield Ruling Applies to Drug Cases Too

Filed under: DUI by Contributor @ August 1, 2017

On July 11, 2017, the Superior Court of Pennsylvania ruled that the United State’s Supreme Court ruling in Birchfield v. North Dakota, that blood cannot be taken without a warrant or consent, applies to both alcohol and drug-related DUI’s. In Birchfield v. North Dakota, following a car accident the driver (Birchfield) failed numerous field sobriety […]

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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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