A defendant appealed from the judgment of a sentence of nine to 16 months’ imprisonment entered in the York County Court of Common Pleas following his bench trial convictions of DUI, possession of a small amount of marijuana, possession of drug paraphernalia, and driving under suspension, DUI-related. He challenged the sufficiency of the…
A driver appealed his March 2016 DUI conviction from the Monroe County Court of Common Pleas. Specifically, he contested the court’s denial of his motion to suppress the results of his blood alcohol content (“BAC”) test, and he challenged the constitutionality of section 1543(b)(2) of Pennsylvania’s vehicle code. The Pennsylvania Superior…
A driver appealed from the March 3, 2016 judgment of sentence the Court of Common Pleas of Dauphin County, finding him guilty of DUI. On appeal, he argued that the trial court erred in finding the arresting officer had a reasonable suspicion to believe he was involved in criminal activity. The Pennsylvania Superior…
The Pennsylvania Superior Court recently reversed a driver’s DUI conviction and remanded to the trial court to determine whether his consent to a blood test was validly obtained in light of the U.S. Supreme Court decision in Birchfield v. North Dakota. At around 3 AM in September 2015, an officer was on routine…
A defendant appealed from a judgment of sentence imposed in March 2016, after he was found guilty of two counts of DUI-controlled substance and one count of failing to drive on the right side of a roadway. The Pennsylvania Superior Court affirmed his conviction. On January 11, 2015, at approximately 1:50…
A driver appealed from his 2015 conviction of driving under the influence of a controlled substance (DUI), third offense. Concluding that his arguments lacked merit, the Pennsylvania Superior Court affirmed his conviction. In October 2014, a police officer was on routine patrol at around 10:30 p.m. in a marked vehicle. He observed a vehicle…
The Superior Court of Pennsylvania recently affirmed a defendant’s DUI conviction, rejecting his argument that he was merely sleeping in the car that his mother had driven. At around midnight in July 2015, a woman was driving on Route 743. She noticed a car driving erratically in the right shoulder of the…
The Superior Court of Pennsylvania recently remanded for re-sentencing an appellant’s DUI conviction because he was subjected to enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, in contravention of the United States Supreme Court’s recent directive. In the early morning of February 12,…
The Superior Court of Pennsylvania recently reversed and remanded an appellant’s DUI conviction in light of the Supreme Court’s June 2016 ruling in Birchfield v. North Dakota. In August 2013, following a jury trial, appellant Hemant Kohli was found guilty of one count of DUI. The jury also found that…
Albert Williams appealed his convictions for general impairment driving under the influence (DUI), recklessly endangering another person (REAP), and fleeing or attempting to elude police. The Pennsylvania Superior Court affirmed in part, reversed in part, vacated the judgment, and remanded for resentencing–specifically, regarding Williams’ being convicted of three counts for…