Articles Posted in DUI Appeal

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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 will issue a verdict that does not align with the evidence. Fortunately, defendants who believe they were unjustly convicted of DUI offenses can pursue appeals. They must develop compelling arguments on appeal; however, otherwise, the court will most likely decline to reverse their guilty verdict, as shown in a recent Pennsylvania ruling. If you are accused of a DUI offense, it is advisable to retain a Pennsylvania DUI defense lawyer to assist you in protecting your rights.

History of the Case

It is alleged that the police responded to a 911 call reporting reckless driving. When the police officer arrived at the parking lot where the call indicated the driver was located, he observed the defendant sitting in the driver’s seat of his parked car. There were no other cars in the lot. The defendant spoke with the defendant, who had a strong odor of alcohol and exhibited signs of intoxication.

It is reported that the defendant refused to submit to a breath test or field sobriety testing. He was arrested and charged with DUI general impairment. Following a bench trial, the judge convicted him as charged. The defendant appealed, arguing that his conviction was against the weight of the evidence. Continue reading

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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 guilty if the prosecution sets forth evidence of their general impairment. Recently, a Pennsylvania court discussed what constitutes adequate proof of general impairment in a case in which the defendant appealed his DUI conviction. If you are faced with DUI charges, it is smart to talk to a Pennsylvania DUI defense attorney to determine what defenses you may be able to assert.

The Defendant’s Arrest and Charges

It is alleged that a police officer began to follow the defendant’s vehicle after the defendant made an illegal left turn. The officer saw the defendant drive over the fog line and veer to the right side of the road multiple times; as such, he pulled the defendant over. When the officer spoke with the defendant, he noticed that his eyes were bloodshot and glassy, and his speech was slurred.

It is reported that the defendant submitted to field sobriety tests but refused to submit to blood or breath tests. The defendant was charged with DUI general impairment, and following a non-jury trial, he was convicted. He appealed, arguing that the prosecution lacked sufficient evidence to establish his guilt. Continue reading

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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 charged with a DUI crime and entered into an ARD program but was not actually convicted. Recently, the Superior Court of Pennsylvania issued a ruling addressing the novel question of whether prior acceptance of ARD equates to a prior conviction for purposes of imposing sentences for second or subsequent DUI crimes, ultimately ruling that it did. If you are charged with a second or higher DUI offense, you could face substantial penalties if you are found guilty, and it is critical to talk to a Pennsylvania DUI defense lawyer about your options for protecting your liberties.

Procedural History of the Case

It is alleged that the defendant was arrested and charged with DUI crimes in July 2019. He was subsequently arrested and charged with a second DUI offense the following month. In February 2020, the defendant entered the ARD program for the charges arising out of his first arrest and then entered a negotiated guilty plea for the charges arising out of his second arrest.

Reportedly, the court deferred sentencing in the second case. Before the sentence was imposed, however, the court ruled that the provisions in the DUI law that equated accepted into ARD to a prior conviction for sentencing purposes were unconstitutional. The court sentenced the defendant as a first time offender, after which the Commonwealth appealed.   Continue reading

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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 of a controlled substance is lawful does not mean that they cannot be found guilty of DUI while driving under the influence of that substance. This was clarified in a recent Pennsylvania opinion issued in a case in which the court rejected the defendant’s argument that medical marijuana differed from marijuana in that it was not a controlled substance. If you are accused of a DUI offense, it is in your best interest to speak to a Pennsylvania DUI defense attorney about your possible defenses.

The Facts of the Case

It is alleged that an officer observed the defendant driving erratically. As such, the officer pulled the defendant over and began to question him. The defendant submitted to field tests which indicated to the officer that the defendant was under the influence of a controlled substance. As such, the officer arrested the defendant for suspicion of DUI.

Reportedly, a subsequent blood test indicated that the defendant had marijuana compounds and the metabolites of such compounds in his system. He was charged with driving while under the influence of a controlled substance and, following a trial, was found guilty as charged. He appealed, arguing that medical marijuana was not a controlled substance. Continue reading

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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 sentences they issue must be reasonable; if they are not, they may be appealable. Recently, a Pennsylvania court issued a ruling discussing what constitutes a reasonable sentence in a DUI case, in a matter in which it ultimately rejected the defendant’s request to vacate his sentence. If you are charged with a DUI crime, it is prudent to talk to a Pennsylvania DUI defense attorney about what measures you can take to protect your rights.

Facts of the Case

It is reported that the defendant was arrested and charged with DUI crimes on three separate occasions within the span of 13 months. He pleaded guilty in all three cases and was sentenced to an aggregate term of 69 months and 270 days to 192 months and 270 days, which included consecutive 90 day sentences for driving while his license was suspended. He filed a motion to reconsider, which was denied. He then appealed.

Demonstrating a DUI Sentence Constitutes an Abuse of Discretion

On appeal, the defendant argued that the trial court abused its discretion in issuing such a lengthy sentence. Before addressing the defendant’s specific challenges to his sentences, the court examined whether his sentences were lawful, noting that it had the authority to address illegal sentences on its own accord. Continue reading

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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 discussed what constitutes an adequate urgent situation to allow the warrant requirement to be set aside in a DUI case in which the defendant appealed his conviction. If you are accused of a DUI offense, it is crucial to understand your rights, and you should speak to a Pennsylvania DUI defense attorney as soon as possible.

The Facts of the Case

It is alleged that the defendant drove his car onto train tracks, after which a train collided with the car and pushed it a quarter of a mile. When first responders arrived at the scene of the accident, the defendant was outside of his vehicle while his fiancé and their daughter were still inside the car. The fiancé was pronounced dead at the scene, and the defendant and his daughter were transported to the hospital for treatment.

It is reported that an officer that investigated the accident smelled marijuana coming from the car. Thus, he directed another officer to interview the defendant at the hospital and obtain a legal blood draw. When that officer arrived at the hospital, the defendant was restrained and drifting in and out of consciousness, and could not consent to a blood test. His blood was drawn prior to the officer’s arrival, though. Continue reading

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Under Pennsylvania law, people can be convicted of DUI crimes even if they are not observed driving while intoxicated. The prosecution must nonetheless prove that a crime actually occurred in order to prove a DUI defendant’s guilt, though, and if they cannot, the charges against the defendant should be dismissed. This concept, known as corpus delecti, was the topic of a recent Pennsylvania ruling in which the court upheld the defendant’s DUI conviction. If you are charged with a DUI crime, it is prudent to confer with a Pennsylvania DUI defense lawyer to determine what defenses you may be able to set forth.

The Facts of the Case

It is reported that the police responded to a call indicating there was a vehicle on the side of a highway. When they arrived at the scene, they found the defendant standing on the side of the road with a gash and a lump on his head. When they spoke with him, he smelled of alcohol and was unsteady on his feet. He stated he had been drinking earlier in the day and had driven to his current location.

It is alleged that the defendant was taken to the hospital, where he consented to a blood draw which revealed his BAC to be over twice the legal limit. He was charged with DUI – the highest rate. He moved to have his incriminating statements precluded from evidence pursuant to the corpus delecti rule, but the court denied his motion. He was convicted, after which he appealed. Continue reading

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The Pennsylvania legislature established sentencing guidelines but afforded the courts some discretion when issuing sentences. If a criminal defendant believes that a court abused its discretion, it can file an appeal. Recently, a Pennsylvania court issued an opinion discussing the factors weighed in determining whether a sentence is unjust in a case in which a defendant who pleaded guilty to DUI received a sentence of two to ten years imprisonment. If you are accused of a DUI offense, you could face significant penalties if convicted, and it is smart to meet with a  Pennsylvania DUI defense attorney about your rights.

Factual and Procedural History

It is reported that the defendant was arrested for DUI after he crashed his tree into a pole. The defendant admitted to drinking alcohol prior to the crash but refused to submit to a blood test. A passenger who was riding in the vehicle sustained serious injuries. The defendant was charged with numerous crimes.

Allegedly, the defendant entered into a plea deal in which he agreed to plead guilty to DUI, aggravated assault while DUI, reckless driving, and operating a vehicle without financial responsibility in exchange for the Commonwealth withdrawing all other charges. The agreement did not contain any provisions regarding the defendant’s sentence. Following his guilty plea, he was sentenced to two to ten years in prison. He appealed, arguing his sentence was unjust. Continue reading

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Pennsylvania, like many states, has an implied consent law. In other words, pursuant to the Pennsylvania Vehicle Code, everyone who drives a motor vehicle in Pennsylvania is deemed to consent to the chemical testing of their breath if they are stopped for suspicion of DUI. As such, if a person refuses to submit to a breath test, their license must be suspended. The police must provide a DUI suspect with an O’Connell warning, however, and the suspect must knowingly refuse to submit to the test in order for civil penalties to be imposed. Recently, a Pennsylvania court addressed the issue of whether a driver that does not speak English could consciously refuse to submit to a breath test, ultimately ruling that he could not. If you are accused of a DUI offense or refusal to submit to chemical testing, it is smart to meet with a Pennsylvania DUI defense attorney to evaluate your options.

The Facts of the Case

It is alleged that a police officer witnessed the defendant driving erratically for several minutes. The officer then stopped the defendant and attempted to question him. The defendant, who did not speak or understand English, appeared intoxicated. Using hand gestures, the officer asked the defendant how much he drank that evening, and the defendant motioned that he had three alcoholic beverages.

Reportedly, the officer then read the defendant the O’Connell warning advising him that if he did not provide a breath sample, his license could be suspended. The warning was written in English. The officer then asked the defendant to submit to a breath test, but the defendant stated no. The defendant also refused to sign the portion of the form indicating he had been advised of the warnings therein. The department of transportation subsequently suspended the defendant’s license.  The defendant appealed the suspension, and the trial court granted his appeal. The department of transportation then appealed to the Commonwealth Court. Continue reading

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Generally, the Pennsylvania courts must abide by statutory guidelines when sentencing people convicted of DUI crimes. As such, sentences that exceed the maximum penalties under the guidelines may be deemed unlawful. The court can consider aggravating factors when issuing sentences, however, and in some cases, such factors could result in an increased penalty, as demonstrated in a recent ruling issued in a Pennsylvania DUI matter. If you are charged with a DUI offense, it is in your best interest to speak to a dedicated Pennsylvania DUI defense attorney to determine your rights.

Procedural History of the Case

It is reported that the defendant was arrested and charged with DUI, which was his first offense. He pleaded guilty, and in exchange, the Commonwealth withdrew several other criminal charges and recommended a sentence in the low-end of the standard range. During the defendant’s colloquy, the court noted that the offense was graded as a first-degree misdemeanor, which was not typical for a first offense DUI, due to the fact that there was a minor in the car at the time of the defendant’s arrest.

Allegedly, the court further explained that the defendant could face up to five years imprisonment. The defendant confirmed that he understood and admitted to the elements of the crime, including the fact that a child under the age of two was in his car when he was arrested. The court sentenced the defendant to three years imprisonment. He went through numerous rounds of appeals, arguing in part that his sentence was illegal because it exceeded the maximum penalty for first-time offenses under the statutory guidelines. Continue reading