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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.

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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.

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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 INTERLOCKDUI

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) 

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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.

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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.

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calendarA 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.

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forestA 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.

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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.

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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.

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The Pennsylvania Superior Court recently affirmed a driver’s two-count DUI conviction resulting from a DUI checkpoint.

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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.

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A defendant appealed from a sentence entered in the Allegheny County Court of Common Pleas, following the revocation of his probation. He argued the Pennsylvania Superior Court should vacate his sentence due to the revocation court’s abuse of discretion in fashioning it. The intermediate court disagreed.

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On May 17, 2010, following a bench trial, the lower court convicted him of firearms offenses, theft, and receiving stolen property. The court sentenced the defendant to two to four years’ incarceration and up to six years of probation. While he was still serving his probationary term, he was convicted of DUI.

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ATVA driver appealed his March 2016 DUI conviction from the Monroe County Court of Common Pleas. Specifically, he contested the court’s denial of his motion to suppress the results of his blood alcohol content (“BAC”) test, and he challenged the constitutionality of section 1543(b)(2) of Pennsylvania’s vehicle code. The Pennsylvania Superior Court disagreed and affirmed the driver’s convictions.

A state trooper was responding to the reported theft of an all-terrain vehicle (ATV) when he was notified that the complainant had stopped the alleged thief on a nearby road. When the trooper arrived, the driver was standing next to an ATV in the roadway. The complainant was in a truck parked behind the driver’s ATV, and two other state troopers were also present.

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A driver appealed from the March 3, 2016 judgment of sentence the Court of Common Pleas of Dauphin County, finding him guilty of DUI. On appeal, he argued that the trial court erred in finding the arresting officer had a reasonable suspicion to believe he was involved in criminal activity. The Pennsylvania Superior Court disagreed and affirmed the judgment.

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On June 24, 2015, an officer was on patrol with his car window down. It was around 1 a.m. when he saw a beige Buick parked in front of 920 High Street. As he drove past, he saw a man talking to the driver and heard a woman yelling and screaming. The woman was seated in the front passenger seat and seemed to be yelling at someone inside the car.

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