The Superior Court of Pennsylvania recently upheld an appellant’s DUI conviction, reasoning that the appellant waived his right to counsel by ignoring the trial court’s repeated directions for him to retain counsel. On June 21, 2015, Officer Fennell observed appellant William Demenczuk fail to yield to a stop sign. Officer…
Articles Posted in DUI Appeal
Pennsylvania Appellate Court Upholds Officer’s Second Detention of Juvenile During Traffic Stop
A.A. (a minor) appealed her adjudication of delinquency on charges of DUI, possession of a controlled substance, possession of drug paraphernalia, and a traffic violation. On appeal, A.A. solely challenged the juvenile court’s denial of her motion to suppress evidence. The Superior Court of Pennsylvania affirmed. In January 2015, Sergeant…
Pennsylvania Appeals Court Rejects Contention That Appellant’s Sentence Violates Ex Post Facto Clause
The Pennsylvania Superior Court recently rejected an appellant’s contention that her sentencing as a repeat offender for her DUI conviction resulted in ex post facto punishment. In January 2015, appellant Kriz Kizak was charged with DUI General Impairment/Incapable of Safe Driving (75 Pa.C.S. § 3802(A)(1)) and DUI Highest Rate of…
Pennsylvania Appellate Court Reverses DUI Conviction in Light of McNeely
The Pennsylvania Superior Court recently reversed and remanded a defendant’s DUI convictions in light of the United States Supreme Court’s holding in Missouri v. McNeely. In December 2012, Philadelphia Police Officer Amina Oliver observed defendant Stacey Lane’s vehicle blocking a lane on Loudon Street. Lane exited his car and shouted: “Stacey…
Pennsylvania Appeals Court Holds DUI Defendant Not Constitutionally Entitled to Jury Trial
A Superior Court of Pennsylvania recently affirmed appellant Ryan O. Langley’s appeal of his convictions of DUI and driving at an unsafe speed. The court upheld prior precedent holding that (1) an information is required to include facts that might increase the penalty when setting forth the essential elements; and…
Pennsylvania Superior Court Quashes DUI Appeal as Untimely
The Superior Court of Pennsylvania recently quashed Zebrick Hyreshie Jones’s appeal from his DUI judgement as untimely. In April 2014, Trooper Allar arrived beside a disabled vehicle on the shoulder of I-81. Trooper Allar observed damage to the hood and passenger side of the vehicle and a broken front-passenger window.…