The Superior Court of Pennsylvania recently remanded for re-sentencing an appellant’s DUI conviction because he was subjected to enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, in contravention of the United States Supreme Court’s recent directive. In the early morning of February 12,…
The Superior Court of Pennsylvania recently reversed and remanded an appellant’s DUI conviction in light of the Supreme Court’s June 2016 ruling in Birchfield v. North Dakota. In August 2013, following a jury trial, appellant Hemant Kohli was found guilty of one count of DUI. The jury also found that…
Albert Williams appealed his convictions for general impairment driving under the influence (DUI), recklessly endangering another person (REAP), and fleeing or attempting to elude police. The Pennsylvania Superior Court affirmed in part, reversed in part, vacated the judgment, and remanded for resentencing–specifically, regarding Williams’ being convicted of three counts for…
The holiday season has always been a time of happiness, celebration and joy. While many people will be spending time with family and friends The Pennsylvania State Police will join together with other law enforcement agencies from around the country in the “Drive Sober or Get Pulled Over” campaign. This…
The Superior Court of Pennsylvania recently held that when a sentencing court sentences a DUI defendant to County Intermediate Punishment (“CIP”) pursuant to 42 Pa.C.S. § 9763, the sentencing court is not required to impose a mandatory maximum pursuant to 75 Pa.C.S. § 3804(d). In June 2015, Alexis Popielarcheck pled…
The Superior Court of Pennsylvania recently upheld an appellant’s DUI conviction, reasoning that the appellant waived his right to counsel by ignoring the trial court’s repeated directions for him to retain counsel. On June 21, 2015, Officer Fennell observed appellant William Demenczuk fail to yield to a stop sign. Officer…
Last month, Governor Tom Wolf encouraged Pennsylvania’s observance of the National Teen Driver Safety Week. The campaign was designed to motivate teenagers to beware of dangerous distracted driving behaviors — particularly texting and driving. PennDOT Secretary Leslie S. Richards said: “Vehicle crashes are the number one cause of death among…
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…
In 2015, roughly 5,500 Breathalyzer-enabled interlock devises were installed in Pennsylvania. The devices require drivers to blow clean into a Breathalyzer to start their vehicles. Last month, Governor Tom Wolf signed Senate Bill 290, which amends Title 75 to significantly expand the use of ignition interlock devices for DUI defendants.…
The Pennsylvania Superior Court recently rejected an appellant’s contention that her sentencing as a repeat offender for her DUI conviction resulted in ex post facto punishment. In January 2015, appellant Kriz Kizak was charged with DUI General Impairment/Incapable of Safe Driving (75 Pa.C.S. § 3802(A)(1)) and DUI Highest Rate of…