Under Pennsylvania DUI law, there are sentencing guidelines that set forth standard sentencing ranges for any DUI conviction. If a judge imposes a sentence the defendant feels is unfair, the defendant can seek a discretionary review from a higher court. Recently, in Commonwealth v. Cordy, the Superior Court of Pennsylvania…
Parents throughout Pennsylvania gathered last month to advocate for harsher DUI laws that could have potentially saved their children’s lives. PA Parents Against Impaired Driving (PPAID) is pushing Pennsylvania lawmakers to make stricter penalties against drunk driving. Specifically, they’re advocating for Senate Bill 290, which would require ignition interlocks for…
One of the most common questions I receive from potential clients is “what will happen to me for my first DUI”. While that is certainly a very fair question, the answer will be different for everyone depending on thefacts and circumstances of each individual case.Pennsylvania is one of the states that…
The York County organization Center for Traffic Safety recently determined that the cost of the average DUI arrest totals a whopping $10,000. The organization cited this figure while admonishing St. Patrick’s Day celebrants not to drive inebriated, as well as to put drivers on notice of the existence of numerous DUI…
The Pennsylvania General Assembly passed a bill in June 2014 that increases the minimum penalties for certain vehicular homicide convictions. The bill provides for an increased minimum prison sentence and permanent license suspension for the offense of “homicide by vehicle while driving under the influence.” It would apply to defendants…
People who operate vehicles in Pennsylvania have consented to chemical testing, simply by virtue of operating a vehicle, if they are suspected of driving under the influence of alcohol (DUI), according to Pennsylvania law. This applies even if a person is operating a bicycle at the time police seek to…
A Pennsylvania judge ruled in February that prosecutors had produced sufficient evidence to support two counts of aggravated assault by vehicle while driving under the influence, which arose from a single-car accident in October 2010. The defendant had moved to dismiss the aggravated assault charges, claiming that the injuries did…
A bill currently pending in the Pennsylvania Legislature, SB 1036, would significantly expand the use of ignition interlock devices in DUI cases. This is a device that tests breath alcohol content (BAC) and prevents a vehicle from starting if the driver’s BAC is above a certain level. Currently, state law…
The Superior Court of Pennsylvania vacated the sentence in a case involving a range of charges, from vehicular homicide to driving under the influence (DUI), finding that the trial court failed to merge the offenses when pronouncing sentence. Commonwealth v. Tanner, 61 A.3d 1043 (Pa. Super. Ct. 2013). The “merger…
A driver appealed the suspension of his driver’s license to the Commonwealth Court of Pennsylvania, arguing that the trial court lacked sufficient evidence and committed several legal errors. The Commonwealth Court disagreed and affirmed the suspension. Blalock v. Commonwealth, No. 1592 C.D. 2012, opinion (Pa. Commw. Ct., May 28, 2013).…