Articles Posted in DUI Appeal

Published on:

A defendant appealed from the February 23, 2016 order entered in the Greene County Court of Common Pleas, denying his petitions filed under the Post Conviction Relief Act (“PCRA“). This month, the Pennsylvania Superior Court affirmed the judgment.

courtroom
On December 3, 2013, the defendant pled guilty to theft by unlawful taking, receiving stolen property, criminal conspiracy to commit theft, recklessly endangering another person, fleeing or attempting to elude a police officer, aggravated assault by vehicle, DUI, and various summary offenses. On February 13, 2014, the trial court sentenced him to an aggregate term of six to 17 years’ imprisonment.

On March 10, 2014, the defendant filed a timely pro se PCRA petition. The PCRA court appointed counsel, who filed an amended petition. On January 12, 2016, the PCRA court held an evidentiary hearing. On February 23, 2016, the PCRA court denied the petition. The defendant filed timely notices of appeal.

Published on:

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.

gavel
In May 2016, two Pennsylvania State Police Troopers were dispatched to a truck stop in Breezewood, Pennsylvania based on a report of a man passed out on the sidewalk. The officers arrived shortly thereafter and found the defendant passed out. They smelled alcohol on his breath and further noted that his eyes were glassy and bloodshot.

They asked the defendant how he arrived in Breezewood, and he replied that he drove there. They then asked the defendant where his car was, and he said that his car was in the parking lot. They asked the defendant how much he had to drink, and he responded that he had a few drinks at his house. They didn’t perform field sobriety tests because he appeared drunk and had trouble standing up straight. But they conducted a breath test, which revealed a 0.196% BAC, which is above the legal limit.

Published on:

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.

calendar
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.

Published on:

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.

test tubes
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.

Published on:

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.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

smoking

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.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

gavel

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.

Continue reading

Published on:

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.

test tubes

At around 3 AM in September 2015, an officer was on routine patrol in Allegheny County. He was driving on State Route 88 when he noticed the driver’s vehicle with both passenger side tires on the shoulder of the roadway with tires over the fog line. The vehicle appeared to be traveling over the speed limit, so the officer turned around in order to follow the driver and determine his speed. The driver made a left turn on Hamilton Road and traveled up Hamilton by driving up the middle of the road, his vehicle in both lanes of travel. There were no obstructions or road conditions that would cause the driver to take up both lanes of travel. The officer then activated his lights and conducted a traffic stop.

Continue reading