Justia Lawyer Rating
Published on:

by

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 her vehicle on Kindig Road, ran a stop sign at the intersection of Kindig Road and Route 97, and pulled out into oncoming traffic on a busy road with a speed limit of 35 miles per hour. Her line of sight going in the southbound direction was completely obstructed by a building as she approached the stop sign. Rather than inch up past the stop sign to look for oncoming traffic, she never stopped and proceeded into the intersection, traveling 12 miles per hour and pulling out directly in front of the decedent’s northbound box truck. The box truck crashed into the driver’s car, crossed the double yellow line, and then crashed into a tow truck driving southbound on Route 97. The evidence also showed that the driver was familiar with her route of travel, the placement of the stop sign, and the nature of the intersecting road.

A jury found her guilty of homicide by vehicle and REAP, but not guilty of homicide by vehicle while driving under the influence. The trial court found her guilty of DUI and various summary traffic offenses. In June 2016, the trial court sentenced her to 27 to 84 months of incarceration for homicide by vehicle, a consecutive nine to 24 months for REAP, and a concurrent three to six months for DUI.

Continue reading
Published on:

by

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 taking, receiving stolen property, criminal conspiracy to commit theft, recklessly endangering another person, fleeing or attempting to elude a police officer, aggravated assault by vehicle, DUI, and various summary offenses. On February 13, 2014, the trial court sentenced him to an aggregate term of six to 17 years’ imprisonment.

On March 10, 2014, the defendant filed a timely pro se PCRA petition. The PCRA court appointed counsel, who filed an amended petition. On January 12, 2016, the PCRA court held an evidentiary hearing. On February 23, 2016, the PCRA court denied the petition. The defendant filed timely notices of appeal.

Continue reading
Published on:

by

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, Pennsylvania based on a report of a man passed out on the sidewalk. The officers arrived shortly thereafter and found the defendant passed out. They smelled alcohol on his breath and further noted that his eyes were glassy and bloodshot.

They asked the defendant how he arrived in Breezewood, and he replied that he drove there. They then asked the defendant where his car was, and he said that his car was in the parking lot. They asked the defendant how much he had to drink, and he responded that he had a few drinks at his house. They didn’t perform field sobriety tests because he appeared drunk and had trouble standing up straight. But they conducted a breath test, which revealed a 0.196% BAC, which is above the legal limit.

Continue reading
Published on:

by

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 to dismiss pursuant to Pennsylvania Criminal Rule 600, which pertains to the guarantee of a “prompt trial.”

The appeals court began by outlining the applicable law. While Rule 600 requires the Commonwealth to try a defendant within 365 days of the filing of a criminal complaint, a defendant is not automatically entitled to discharge under Rule 600 if the trial starts more than 365 days after the filing of the complaint. Instead, Rule 600 provides for the dismissal of charges only in cases in which the defendant has not been brought to trial within the term of the adjusted run date, after subtracting all excludable and excusable time. The adjusted run date is calculated by adding to the mechanical run date, i.e., the date 365 days from the complaint, both excludable and excusable delays.

Continue reading
Published on:

by

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 never had anything like this before as it applies to penalties for DUI offenses.  Prior to this drivers had the option of applying for an Occupational Limited License (OLL) after serving a portion of their suspension.  As of August 25, 2017, drivers can no longer obtain an OLL but rather will have to apply for an IILL.  This is great news because as you will see below it applies to many more people. Lets look deeper into what this is all about.

WHAT IS AN IGNITION INTERLOCK

An ignition interlock is a device that a driver would install in their motor vehicle to prohibit individuals under the influence of ALCOHOL from starting the vehicle. The driver would blow a breath sample into the mouthpiece to start the vehicle. The interlock then would analyze and measure the breath for alcohol concentration. If alcohol is detected and exceeds 0.025mg the device will not allow the engine to start.  This device DOES NOT detect drugs.  (There are some companies working to develop a device that would also have the ability to detect drugs and not just alcohol. As of today no such technology exists and I think it will be a long time before it does) 

Continue reading
Published on:

by

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 before or after being improperly warned about the consequences of refusal, the Pennsylvania Superior Court was unable to determine whether the court erred in finding the defendant’s consent was involuntary. The appeals court therefore reversed and remanded.

On February 8, 2015 in New Cumberland, the defendant was traveling west on Lewisberry Road. The victims were entering Lewisberry Road from Poplar Road when they were hit by the defendant’s car. One victim, who was driving at the time of the incident, was ejected from his vehicle and later pronounced dead. The other victim sustained severe injuries, including a brain injury, a shoulder injury, and internal injuries. Immediately following the incident, she was transported to Hershey Medical Center for treatment.

An officer spoke with the defendant on the scene after he was placed in the ambulance. The defendant advised the officer he was heading home at the time of the incident after picking up food for his family. At that time, the officer smelled a strong oder of alcohol coming from the defendant’s breath, and when asked, he stated he had consumed one beer earlier that day.

Continue reading
Published on:

by

A driver appealed from the order entered in the Monroe County Court of Common Pleas denying his motion for a waiver or reduction of the court costs and fines imposed as a result of his July 8, 2014 conviction and sentence for one count of driving under the influence of a controlled substance. The Pennsylvania Superior Court dismissed the appeal.

The driver raised the following issues on appeal:  (1) whether the trial court erred when it did not hear the trial set and accepted a guilty plea; (2) whether the trial court erred when it failed to remove defense counsel and appoint new counsel for the driver; and (3) whether the trial court erred when it denied the driver’s petitions to waive court costs and fines.

Continue reading

Published on:

by

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 court set forth the following facts. On October 3, 2015, at around 4:00 a.m., an officer received a dispatch of a possible accident in Jackson Township. He arrived, and a second marked cruiser arrived on the scene. Upon arrival, the troopers discovered a Jeep Grand Cherokee that had gone off the road and had skidded into a small wooded area.

Continue reading

Published on:

by

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 evidence for his possession of a small amount of marijuana and drug paraphernalia convictions. The Pennsylvania Superior Court affirmed his conviction.

The defendant argued that the evidence was insufficient because the Commonwealth failed to establish he constructively possessed the marijuana or drug paraphernalia found in the vehicle he was driving. He contended that the evidence did not prove that he knew the drugs or drug paraphernalia were in the vehicle or that he intended to possess or exercise dominion over the drugs. He emphasized that the vehicle in question belonged to his wife, and, as a passenger at the time in question, she was within arm’s reach of the contraband. Therefore, he claimed the evidence failed to establish that he was responsible for the drugs and drug paraphernalia in the car. Thus, he argued that the court should vacate his judgment of sentence. The Pennsylvania Superior Court found to the contrary that no relief was due.

Continue reading

Published on:

by

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 Steubenville Pike in Robinson Township. At 12:25 a.m., he was filling in on the road because the line had become depleted of manpower. At this time, he came into contact with the driver. After introducing himself, he asked for her driver’s license, registration, and proof of insurance. She initially handed him her Target credit card. While she was obtaining her documentation, he noticed an odor of alcoholic beverages coming from the vehicle and that she had slurred speech. In addition, she admitted that she had a shot and a beer.  The officer then escorted her to the testing area, explained the testing procedure, and handed her over to another officer of the Robinson Township Police Department.

Continue reading