People involved in fatal DUI collisions will often be charged with numerous crimes. In order to establish their guilt, the Commonwealth generally must only prove their conduct was the cause of the fatal crash. As discussed in a recent Pennsylvania case, the actions of the victims of the crash do…
Most DUI arrests in Pennsylvania arise out of traffic stops. Law enforcement agents can only stop and question motorists for certain reasons, however, and if they surpass the scope of their authority, the stop may be illegal, and any evidence obtained during the stop may arguably be inadmissible. Recently, a…
The Constitution protects criminal defendants from self-incrimination, meaning they cannot be forced to make statements that could incriminate them. In many cases, even if a defendant makes statements suggesting guilt, those statements may be excluded from trial if the defendant was not properly informed of their rights before making them.…
In many DUI cases, the Commonwealth will rely on direct evidence, like the results of a blood or breath test, to demonstrate that the defendant committed the charged offense. If such evidence is obtained during a traffic stop made without reasonable suspicion that the defendant committed a crime, however, it…
Many people know that they can be charged with DUI offenses in Pennsylvania for driving with a blood alcohol level of 0.08% or higher. They may not know, however, that they can also be convicted of DUI for operating a vehicle after consuming alcohol to the point of impairment, regardless…
Under Pennsylvania law, law enforcement agents must have reasonable suspicion of a crime in order to detain and interrogate someone. The reasonable suspicion standard does not mean that a person cannot be arrested for a DUI offense outside of a traffic stop, however. Instead, as demonstrated in a recent Pennsylvania…
If the police suspect that a person is driving under the influence of alcohol, they will typically detain them and conduct an investigation. The police do not have the authority to stop people without reasonable suspicion that they are committing a crime, though, and if they do, any evidence obtained…
In Pennsylvania, people charged with DUI offenses will often assert their innocence. In some instances, though, they will plead nolo contendere, or no contest, meaning that they do not expressly admit guilt but agree to accept punishment. A plea of nolo contendere should not be entered into without careful consideration,…
Drivers the cause fatal collisions while they are intoxicated typically are not only charged with DUI crimes but also with more serious offenses, including aggravated assault and third-degree murder. The prosecution bears the burden of proving a defendant’s guilt for such crimes, and as demonstrated in a recent Pennsylvania DUI…
In Pennsylvania DUI cases, the prosecution bears the burden of establishing the defendant’s guilt beyond a reasonable doubt. If the prosecution is unable to offer evidence sufficient to meet this burden, the trier of fact should find the defendant not guilty. In some DUI cases, though, the judge or jury…