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…
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…
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…
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…
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…
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…
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.…