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…
Clair Fink was charged with DUI, third-degree murder, and related offenses in May of last year. Driving drunk the wrong direction on Route 30 last spring, Fink head-on collided with a vehicle driven by Ligonier police Lieutenant Eric Eslary, killing him. According to police records, Fink and a co-worker had…
The Pennsylvania Superior Court recently reversed and remanded a defendant’s DUI convictions in light of the United States Supreme Court’s holding in Missouri v. McNeely. In December 2012, Philadelphia Police Officer Amina Oliver observed defendant Stacey Lane’s vehicle blocking a lane on Loudon Street. Lane exited his car and shouted: “Stacey…
A Superior Court of Pennsylvania recently affirmed appellant Ryan O. Langley’s appeal of his convictions of DUI and driving at an unsafe speed. The court upheld prior precedent holding that (1) an information is required to include facts that might increase the penalty when setting forth the essential elements; and…