It is not uncommon for Pennsylvania drivers to be charged with DUI following a traffic stop for other alleged traffic violations. The police must have a reasonable basis for conducting a traffic stop, however, and if they lack sufficient cause to stop a driver any evidence recovered during the stop…
As we move into the month of May and the days begin to get longer, more and more people will begin to enjoy the weather outside and spend much more time on the road. Law Enforcement agencies all over Pennsylvania will also begin to set up sobriety checkpoints to do…
The Pennsylvania Superior Court recently upheld appellant Renaire Lewis’s conviction for DUI despite his argument that the stop violated his Fourth Amendment rights. In the early morning of July 2014, Lower Pottsgrove Police Sgt. Greenwood was investigating a vehicle (“Vehicle 1”) stopped on Buchert Road, which was blocking the lane.…
About 50 police officers from several Delaware County townships joined Pennsylvania State Police troopers to operate a DUI checkpoint one weekend in June. Officers stopped an estimated 2,500 motorists to check for sobriety. The stops were not based on reasonable suspicion of criminal activity. Anyone driving through that intersection was subject…
An appeal in the Pennsylvania Superior Court claimed that a field sobriety test conducted on a snow-covered road, along with breath testing conducted without the 20-minute observation period required by Pennsylvania law, were insufficient to support a conviction for driving under the influence (DUI). The defendant/appellant in Commonwealth v. Favinger…
A Pennsylvania man appealed his conviction of driving under the influence (DUI)—incapable of safely driving and DUI—highest rate of alcohol, arguing that the arresting officers lacked reasonable suspicion of a crime when they stopped his car, and that the verdict was against the weight of the evidence. The Pennsylvania Superior…
The state can charge a person with DUI even without direct evidence of intoxication, as demonstrated by the case of a Texas man who was arrested and charged with DUI despite negative breath and blood tests. Prosecutors eventually dismissed all of the charges against him, but police continue to defend…
A driver appealed the suspension of his driver’s license to the Commonwealth Court of Pennsylvania, arguing that the trial court lacked sufficient evidence and committed several legal errors. The Commonwealth Court disagreed and affirmed the suspension. Blalock v. Commonwealth, No. 1592 C.D. 2012, opinion (Pa. Commw. Ct., May 28, 2013).…
Driving while under the influence of drugs or alcohol, commonly known as “driving under the influence” or just “DUI,” is a serious offense under Pennsylvania law. Penalties can range from a loss of driving privileges to a lengthy prison sentence, depending on the circumstances. The law in Pennsylvania clearly defines…