In Pennsylvania, the implied consent law dictates that people suspected of driving while intoxicated must submit to a breath test or face penalties. The police must obtain a DUI suspect’s informed consent prior to administering a blood test, however. If they fail to obtain knowing consent, the results of such…
Under Pennsylvania’s DUI laws, it is unlawful for anyone to operate a motor vehicle while under the influence of a controlled substance. Controlled substances include not only drugs that were obtained illegally but also medications that were lawfully prescribed by a physician. In other words, simply because a motorist’s use…
It is well-established that, under Pennsylvania law, it is unlawful to operate a vehicle while intoxicated. This means not only that people cannot drive if they are impaired due to the consumption of alcohol but also that they can be accused of DUI crimes if they operate a car while…
Under Pennsylvania law, there are numerous DUI crimes a person can be charged with, including DUI – combined influence of alcohol and drugs. In a recent case decided by the Pennsylvania Superior Court, the court addressed what constitutes sufficient evidence to convict a person of DUI – combined influence. If…
In a recent Philadelphia DUI case, the Pennsylvania Superior Court vacated the appellant’s illegal probation revocation sentence and remanded for further proceedings. In February 2008, the appellant was arrested in Philadelphia for suspicion of driving under the influence of marijuana. A subsequent blood test showed that his blood had traces…
In a recent Pennsylvania DUI case, the state intermediate court recently affirmed the appellant’s sentence imposed following her convictions of driving under the influence of a controlled substance, operating a vehicle without a valid inspection sticker, and operating a vehicle without evidence of emission inspection. On June 28, 2016, a…
A Pennsylvania driver huffed difluoroethane, or DFE, while driving and killed another driver in a subsequent collision. Based on her past of losing consciousness after huffing DFE, the Pennsylvania Supreme Court concluded this summer that her conduct constituted malice sufficient to support her convictions of third-degree murder and aggravated assault.…
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.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 is now one of twenty four (24) states to legalize medical marijuana. Just yesterday Governor Tom Wolf signed this bill into law. The bill goes into detail on just how patients can take the marijuana if prescribed by a doctor. Specifically an individual can take the marijuana in a pill,…