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Pennsylvania DUI Lawyers Blog

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Pennsylvania Superior Court Holds DUI Conviction Not Altered by Birchfield

A driver appealed from a June 21, 2016 judgment of sentence in a Pennsylvania DUI case, imposing 36-108 months of incarceration for homicide by vehicle, recklessly endangering another person (“REAP“), and driving under the influence of a controlled substance. The trial court summarized the facts as follows. The driver was driving…

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Pennsylvania Superior Court Denies DUI Defendant Post-Conviction Relief

A defendant appealed from the February 23, 2016 order entered in the Greene County Court of Common Pleas, denying his petitions filed under the Post Conviction Relief Act (“PCRA“). This month, the Pennsylvania Superior Court affirmed the judgment. On December 3, 2013, the defendant pled guilty to theft by unlawful…

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Commonwealth Court of Pennsylvania Upholds DUI Defendant’s License Suspension

A defendant appealed from a 2017 trial court order denying his appeal from a suspension of his driving privileges imposed by the Bureau of Driver’s Licensing. The Commonwealth Court of Pennsylvania affirmed the order. In May 2016, two Pennsylvania State Police Troopers were dispatched to a truck stop in Breezewood,…

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Superior Court Holds Pennsylvania DUI Defendant Received a Prompt Trial

A defendant appealed from the July 2016 judgment of sentence entered in the McKean County Court of Common Pleas following his convictions for DUI and careless driving. The Pennsylvania Superior Court affirmed. The defendant raised one issue on appeal:  whether the trial court abused its discretion in denying his motions…

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Pennsylvania’s New Ignition Interlock Law Is Finally Here!!!!!!

It was over a year ago on May 25, 2016 that Pennsylvania Governor Tom Wolf signed Senate Bill 290 into law which has been coined by many the “ignition interlock law”. Now 15 months later this new ignition interlock limited license goes into effect on August 25, 2017.  Pennsylvania has…

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Pennsylvania Appeals Court Reverses Suppression of Blood Test Pursuant to Birchfield

The Commonwealth appealed from an October 17, 2016 order entered in the York County Court of Common Pleas, granting the motion to suppress filed by a defendant in a Pennsylvania DUI case. Since the trial court did not make factual findings regarding whether the defendant consented to the blood draw…

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Pennsylvania Appeals Court Holds Officer Had Reasonable Suspicion to Pull Over Separate Car Linked to DUI Crash

A driver appealed from the August 26, 2016 judgment of sentence entered in the Mercer County Court of Common Pleas following his bench trial conviction for driving under the influence — highest rate of alcohol. The Pennsylvania Superior Court affirmed. In disposing of the driver’s motion to suppress, the trial…

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Pennsylvania Appeals Court Upholds DUI-Related Drug Convictions

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…

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Pennsylvania Appeals Court Affirms DUI Conviction Resulting From DUI Checkpoint

The Pennsylvania Superior Court recently affirmed a driver’s two-count DUI conviction resulting from a DUI checkpoint. In September 2013, police officers from the West Hills DUI Task Force conducted a sobriety checkpoint on Steubenville Pike in Robinson Township, Pennsylvania. A sergeant was present at the September 28, 2013 DUI checkpoint on…

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