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Articles Posted in DUI Appeal

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Commonwealth Court of Pennsylvania Upholds DUI Defendant’s License Suspension

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,…

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Superior Court Holds Pennsylvania DUI Defendant Received a Prompt Trial

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…

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Pennsylvania Appeals Court Reverses Suppression of Blood Test Pursuant to Birchfield

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…

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Pennsylvania Appeals Court Holds Officer Had Reasonable Suspicion to Pull Over Separate Car Linked to DUI Crash

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…

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Pennsylvania Appeals Court Upholds DUI-Related Drug Convictions

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…

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Pennsylvania Appeals Court Rejects Constitutionality Challenge to DUI Statute

A 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…

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Pennsylvania Superior Court Holds DUI Arrest Supported by Reasonable Suspicion

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…

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Pennsylvania Appeals Court Remands DUI Conviction in Light of Birchfield

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…

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Pennsylvania Appeals Court Upholds Defendant’s DUI Conviction

A defendant appealed from a judgment of sentence imposed in March 2016, after he was found guilty of two counts of DUI-controlled substance and one count of failing to drive on the right side of a roadway. The Pennsylvania Superior Court affirmed his conviction. On January 11, 2015, at approximately 1:50…

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