In Pennsylvania, people charged with DUI offenses will often assert their innocence. In some instances, though, they will plead nolo contendere, or no contest, meaning that they do not expressly admit guilt but agree to accept punishment. A plea of nolo contendere should not be entered into without careful consideration,…
Drivers the cause fatal collisions while they are intoxicated typically are not only charged with DUI crimes but also with more serious offenses, including aggravated assault and third-degree murder. The prosecution bears the burden of proving a defendant’s guilt for such crimes, and as demonstrated in a recent Pennsylvania DUI…
In Pennsylvania DUI cases, the prosecution bears the burden of establishing the defendant’s guilt beyond a reasonable doubt. If the prosecution is unable to offer evidence sufficient to meet this burden, the trier of fact should find the defendant not guilty. In some DUI cases, though, the judge or jury…
In many cases in which a person is charged with DUI offenses in Pennsylvania, the prosecution will use evidence of the person’s BAC to establish their guilt. A BAC level over the legal limit is not needed to convict someone of a DUI crime, though; instead, they can be found…
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…
Under Pennsylvania’s DUI laws, it is unlawful for anyone to operate a motor vehicle while under the influence of a controlled substance. Controlled substances include not only drugs that were obtained illegally but also medications that were lawfully prescribed by a physician. In other words, simply because a motorist’s use…
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…
The Pennsylvania and United States Constitutions protect people from unreasonable searches. This means, among other things, that a DUI suspect cannot be compelled to submit to a blood test absent a warrant. There are some exceptions to this rule, though, such as when exigent circumstances exist. Recently, a Pennsylvania court…
Typically, DUI charges arise out of traffic stops. The police must have reasonable grounds for pulling a motorist over, however, and if they do not, the Commonwealth may be precluded from introducing the evidence obtained via the stop at trial, regardless of how persuasive it is. Recently, a Pennsylvania court…