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…
A driver appealed from his 2015 conviction of driving under the influence of a controlled substance (DUI), third offense. Concluding that his arguments lacked merit, the Pennsylvania Superior Court affirmed his conviction. In October 2014, a police officer was on routine patrol at around 10:30 p.m. in a marked vehicle. He observed a vehicle…
The Superior Court of Pennsylvania recently affirmed a defendant’s DUI conviction, rejecting his argument that he was merely sleeping in the car that his mother had driven. At around midnight in July 2015, a woman was driving on Route 743. She noticed a car driving erratically in the right shoulder of the…
The Superior Court of Pennsylvania recently remanded for re-sentencing an appellant’s DUI conviction because he was subjected to enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, in contravention of the United States Supreme Court’s recent directive. In the early morning of February 12,…
The Superior Court of Pennsylvania recently reversed and remanded an appellant’s DUI conviction in light of the Supreme Court’s June 2016 ruling in Birchfield v. North Dakota. In August 2013, following a jury trial, appellant Hemant Kohli was found guilty of one count of DUI. The jury also found that…
Albert Williams appealed his convictions for general impairment driving under the influence (DUI), recklessly endangering another person (REAP), and fleeing or attempting to elude police. The Pennsylvania Superior Court affirmed in part, reversed in part, vacated the judgment, and remanded for resentencing–specifically, regarding Williams’ being convicted of three counts for…
The holiday season has always been a time of happiness, celebration and joy. While many people will be spending time with family and friends The Pennsylvania State Police will join together with other law enforcement agencies from around the country in the “Drive Sober or Get Pulled Over” campaign. This…
The Superior Court of Pennsylvania recently held that when a sentencing court sentences a DUI defendant to County Intermediate Punishment (“CIP”) pursuant to 42 Pa.C.S. § 9763, the sentencing court is not required to impose a mandatory maximum pursuant to 75 Pa.C.S. § 3804(d). In June 2015, Alexis Popielarcheck pled…
The Superior Court of Pennsylvania recently upheld an appellant’s DUI conviction, reasoning that the appellant waived his right to counsel by ignoring the trial court’s repeated directions for him to retain counsel. On June 21, 2015, Officer Fennell observed appellant William Demenczuk fail to yield to a stop sign. Officer…
Last month, Governor Tom Wolf encouraged Pennsylvania’s observance of the National Teen Driver Safety Week. The campaign was designed to motivate teenagers to beware of dangerous distracted driving behaviors — particularly texting and driving. PennDOT Secretary Leslie S. Richards said: “Vehicle crashes are the number one cause of death among…