Pennsylvania, like most states, increases the penalty imposed on people found guilty of DUI with each subsequent conviction. Until recently, DUI charges that were resolved via ARD did not count as prior offenses for the purposes of DUI crimes. As discussed in a recent Pennsylvania opinion, though, the law has…
Under Pennsylvania law, people convicted of DUI offenses face more severe penalties if it is their second or subsequent DUI conviction. While this has long been the case, the Pennsylvania Motor Vehicle Code was recently amended to increase the penalties imposed on repeat DUI offenders. Known as Deana’s Law, the…
Pennsylvania’s statutory sentencing scheme for DUI offenses permits the courts to impose greater penalties for each subsequent DUI conviction. Generally, it is easy to ascertain whether a conviction constitutes a first, second, or third offense. The issue can become convoluted, however, when a defendant faced with DUI charges was previously…
A conviction for a DUI crime does more than just show up on your driving record; it is a criminal conviction that can result in a lengthy prison sentence. While the Pennsylvania courts have some degree of discretion in determining what constitutes an appropriate sentence in a DUI case, the…
Generally, the Pennsylvania courts must abide by statutory guidelines when sentencing people convicted of DUI crimes. As such, sentences that exceed the maximum penalties under the guidelines may be deemed unlawful. The court can consider aggravating factors when issuing sentences, however, and in some cases, such factors could result in…
Under Pennsylvania law, anyone charged with a DUI has the right to be defended by competent counsel. While criminal defendants can waive the right to counsel, the waiver must be made after they are properly apprised of their rights. Otherwise, it may be invalid. What constitutes a valid waiver was…
Under Pennsylvania law, if you are convicted of DUI have one or more prior DUI convictions, the law requires the courts to impose increased penalties. It is important to note, however, that only DUI convictions within the past ten years are considered when determining if a DUI defendant has prior…
Although the seminal DUI case of Birchfield v. North Dakota was decided three years ago, courts continue to analyze its impact on DUI cases throughout the country, including in Pennsylvania. For example, the Supreme Court of Pennsylvania recently addressed the issue of whether the Birchfield ruling should be applied retroactively…
It is common knowledge that a criminal defendant cannot be convicted more than once for the same crime. Thus, if a criminal defendant is convicted for multiple crimes arising out of the same act it may constitute double jeopardy in violation of the State and Federal Constitutions. Recently, the Superior…
In any Pennsylvania DUI case, the Commonwealth bears the burden of presenting a prima facie case at the preliminary hearing that the defendant committed the crime alleged. In other words, the Commonwealth must show evidence of each element of the crime for the case to proceed. If the Commonwealth is…