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…
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…
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…
The Pennsylvania Superior Court recently reversed a driver’s DUI conviction and remanded to the trial court to determine whether his consent to a blood test was validly obtained in light of the U.S. Supreme Court decision in Birchfield v. North Dakota. At around 3 AM in September 2015, an officer was on routine…
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…
In the wake of the Fourth of July, historically known for its high rate of drunk-driving fatalities nationally, Pennsylvania police departments have been enforcing new DUI rules mandated by the recent Supreme Court ruling in Birchfield v. North Dakota. Chief Gleason of the West Goshen Police Department said his officers…