Articles Posted in DUI Appeal

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A conviction for a DUI crime does more than just show up on your driving record; it is a criminal conviction that can result in a lengthy prison sentence. While the Pennsylvania courts have some degree of discretion in determining what constitutes an appropriate sentence in a DUI case, the sentences they issue must be reasonable; if they are not, they may be appealable. Recently, a Pennsylvania court issued a ruling discussing what constitutes a reasonable sentence in a DUI case, in a matter in which it ultimately rejected the defendant’s request to vacate his sentence. If you are charged with a DUI crime, it is prudent to talk to a Pennsylvania DUI defense attorney about what measures you can take to protect your rights.

Facts of the Case

It is reported that the defendant was arrested and charged with DUI crimes on three separate occasions within the span of 13 months. He pleaded guilty in all three cases and was sentenced to an aggregate term of 69 months and 270 days to 192 months and 270 days, which included consecutive 90 day sentences for driving while his license was suspended. He filed a motion to reconsider, which was denied. He then appealed.

Demonstrating a DUI Sentence Constitutes an Abuse of Discretion

On appeal, the defendant argued that the trial court abused its discretion in issuing such a lengthy sentence. Before addressing the defendant’s specific challenges to his sentences, the court examined whether his sentences were lawful, noting that it had the authority to address illegal sentences on its own accord. Continue reading

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The Pennsylvania and United States Constitutions protect people from unreasonable searches. This means, among other things, that a DUI suspect cannot be compelled to submit to a blood test absent a warrant. There are some exceptions to this rule, though, such as when exigent circumstances exist. Recently, a Pennsylvania court discussed what constitutes an adequate urgent situation to allow the warrant requirement to be set aside in a DUI case in which the defendant appealed his conviction. If you are accused of a DUI offense, it is crucial to understand your rights, and you should speak to a Pennsylvania DUI defense attorney as soon as possible.

The Facts of the Case

It is alleged that the defendant drove his car onto train tracks, after which a train collided with the car and pushed it a quarter of a mile. When first responders arrived at the scene of the accident, the defendant was outside of his vehicle while his fiancé and their daughter were still inside the car. The fiancé was pronounced dead at the scene, and the defendant and his daughter were transported to the hospital for treatment.

It is reported that an officer that investigated the accident smelled marijuana coming from the car. Thus, he directed another officer to interview the defendant at the hospital and obtain a legal blood draw. When that officer arrived at the hospital, the defendant was restrained and drifting in and out of consciousness, and could not consent to a blood test. His blood was drawn prior to the officer’s arrival, though. Continue reading

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Under Pennsylvania law, people can be convicted of DUI crimes even if they are not observed driving while intoxicated. The prosecution must nonetheless prove that a crime actually occurred in order to prove a DUI defendant’s guilt, though, and if they cannot, the charges against the defendant should be dismissed. This concept, known as corpus delecti, was the topic of a recent Pennsylvania ruling in which the court upheld the defendant’s DUI conviction. If you are charged with a DUI crime, it is prudent to confer with a Pennsylvania DUI defense lawyer to determine what defenses you may be able to set forth.

The Facts of the Case

It is reported that the police responded to a call indicating there was a vehicle on the side of a highway. When they arrived at the scene, they found the defendant standing on the side of the road with a gash and a lump on his head. When they spoke with him, he smelled of alcohol and was unsteady on his feet. He stated he had been drinking earlier in the day and had driven to his current location.

It is alleged that the defendant was taken to the hospital, where he consented to a blood draw which revealed his BAC to be over twice the legal limit. He was charged with DUI – the highest rate. He moved to have his incriminating statements precluded from evidence pursuant to the corpus delecti rule, but the court denied his motion. He was convicted, after which he appealed. Continue reading

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The Pennsylvania legislature established sentencing guidelines but afforded the courts some discretion when issuing sentences. If a criminal defendant believes that a court abused its discretion, it can file an appeal. Recently, a Pennsylvania court issued an opinion discussing the factors weighed in determining whether a sentence is unjust in a case in which a defendant who pleaded guilty to DUI received a sentence of two to ten years imprisonment. If you are accused of a DUI offense, you could face significant penalties if convicted, and it is smart to meet with a  Pennsylvania DUI defense attorney about your rights.

Factual and Procedural History

It is reported that the defendant was arrested for DUI after he crashed his tree into a pole. The defendant admitted to drinking alcohol prior to the crash but refused to submit to a blood test. A passenger who was riding in the vehicle sustained serious injuries. The defendant was charged with numerous crimes.

Allegedly, the defendant entered into a plea deal in which he agreed to plead guilty to DUI, aggravated assault while DUI, reckless driving, and operating a vehicle without financial responsibility in exchange for the Commonwealth withdrawing all other charges. The agreement did not contain any provisions regarding the defendant’s sentence. Following his guilty plea, he was sentenced to two to ten years in prison. He appealed, arguing his sentence was unjust. Continue reading

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Pennsylvania, like many states, has an implied consent law. In other words, pursuant to the Pennsylvania Vehicle Code, everyone who drives a motor vehicle in Pennsylvania is deemed to consent to the chemical testing of their breath if they are stopped for suspicion of DUI. As such, if a person refuses to submit to a breath test, their license must be suspended. The police must provide a DUI suspect with an O’Connell warning, however, and the suspect must knowingly refuse to submit to the test in order for civil penalties to be imposed. Recently, a Pennsylvania court addressed the issue of whether a driver that does not speak English could consciously refuse to submit to a breath test, ultimately ruling that he could not. If you are accused of a DUI offense or refusal to submit to chemical testing, it is smart to meet with a Pennsylvania DUI defense attorney to evaluate your options.

The Facts of the Case

It is alleged that a police officer witnessed the defendant driving erratically for several minutes. The officer then stopped the defendant and attempted to question him. The defendant, who did not speak or understand English, appeared intoxicated. Using hand gestures, the officer asked the defendant how much he drank that evening, and the defendant motioned that he had three alcoholic beverages.

Reportedly, the officer then read the defendant the O’Connell warning advising him that if he did not provide a breath sample, his license could be suspended. The warning was written in English. The officer then asked the defendant to submit to a breath test, but the defendant stated no. The defendant also refused to sign the portion of the form indicating he had been advised of the warnings therein. The department of transportation subsequently suspended the defendant’s license.  The defendant appealed the suspension, and the trial court granted his appeal. The department of transportation then appealed to the Commonwealth Court. Continue reading

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Generally, the Pennsylvania courts must abide by statutory guidelines when sentencing people convicted of DUI crimes. As such, sentences that exceed the maximum penalties under the guidelines may be deemed unlawful. The court can consider aggravating factors when issuing sentences, however, and in some cases, such factors could result in an increased penalty, as demonstrated in a recent ruling issued in a Pennsylvania DUI matter. If you are charged with a DUI offense, it is in your best interest to speak to a dedicated Pennsylvania DUI defense attorney to determine your rights.

Procedural History of the Case

It is reported that the defendant was arrested and charged with DUI, which was his first offense. He pleaded guilty, and in exchange, the Commonwealth withdrew several other criminal charges and recommended a sentence in the low-end of the standard range. During the defendant’s colloquy, the court noted that the offense was graded as a first-degree misdemeanor, which was not typical for a first offense DUI, due to the fact that there was a minor in the car at the time of the defendant’s arrest.

Allegedly, the court further explained that the defendant could face up to five years imprisonment. The defendant confirmed that he understood and admitted to the elements of the crime, including the fact that a child under the age of two was in his car when he was arrested. The court sentenced the defendant to three years imprisonment. He went through numerous rounds of appeals, arguing in part that his sentence was illegal because it exceeded the maximum penalty for first-time offenses under the statutory guidelines. Continue reading

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Under Pennsylvania law, the penalties increase for each DUI crime a person is found guilty of committing. If a person charged with DUI accepts ARD, though, they may be able to successfully assert that a subsequent DUI crime should be charged as a first offense. This was demonstrated in a recent Pennsylvania case in which the court rejected the Commonwealth’s arguments to the contrary. If you are accused of a DUI crime, it is smart to confer with a trusted Pennsylvania DUI defense attorney regarding your potential defenses.

Procedural History of the Case

It is reported that in 2013, the defendant was charged with a DUI offense. He was accepted into the ARD program, which he completed in 2015. Then, in 2019, the defendant was charged with DUI second offense. He entered a guilty plea, but then the Superior Court of Pennsylvania issued a ruling stating that absent proof beyond a reasonable doubt that a defendant committed a prior offense, prior acceptance of ARD could not be counted as a prior offense for purposes of DUI sentencing.

Allegedly, the defendant then filed a motion to quash the charge graded as a second offense. The trial issued an order directing the defendant to withdraw his guilty plea but stated if he declined to do so, he would be sentenced as a first-time offender. The Commonwealth appealed, arguing that the trial court erred in failing to provide it the opportunity to prove beyond a reasonable doubt that the subject charge was the defendant’s second DUI offense. Continue reading

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The law is not static but constantly changes and develops over time through the issuance of statutes or court rulings. In many cases, an intervening change in the law is grounds for overturning a prior conviction. For example, the United States Supreme Court’s relatively recent ruling in Birchfield v. North Dakota changed the landscape of the prosecution of DUI matters in holding that a motorist cannot be considered to have consented to submit to a blood test due to the threat of criminal convictions. Not all post-conviction challenges that new rulings trigger will be granted, though and the denial of post-conviction relief will often be upheld, as demonstrated in a recent Pennsylvania DUI ruling. If you are charged with a DUI offense, it is in your best interest to speak to a skillful Pennsylvania DUI defense lawyer about your options.

The Facts of the Case

It is reported that the defendant struck a bus and two other vehicles while driving in the afternoon. One of the vehicles was thrown into pedestrians, causing them to suffer injuries. Police investigating the incident noticed that while the defendant did not smell of alcohol, he was incoherent because his speech was so slow and slurred, and he had bloodshot eyes. As such, they arrested the defendant and transported him to the hospital, where he was advised of his rights and the consequences of refusing to submit to a blood draw.

Allegedly, he consented to the test, which revealed he was under the influence of multiple narcotics. He was charged with DUI and other crimes and found guilty. He subsequently filed a petition for post-conviction relief, arguing his attorney was ineffective in that he failed to successfully argue for the suppression of the blood draw evidence, especially given the recent ruling in Birchfield. The court denied his petition, and he appealed, arguing that the court erred in issuing a denial without holding an evidentiary hearing. Continue reading

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When the police stop people for suspicion of DUI, it is often due to erratic driving. Thus, it is not uncommon for a person charged with a DUI crime to face charges for other offenses, like careless driving. Pursuant to Pennsylvania law, a person must generally be tried for all crimes arising out of a single incident at one time, and if they are not, they may be able to get some of the charges against them dismissed. This was demonstrated recently in a Pennsylvania ruling in which the court ultimately dismissed DUI charges against a defendant, finding the Commonwealth was barred from prosecuting him under the compulsory joinder rule. If you are accused of a DUI crime, it is advisable to meet with a knowledgeable Pennsylvania DUI defense lawyer to determine your potential defenses.

The History of the Case

Reportedly, the police arrested the defendant during a traffic stop in Philadelphia and charged him with a misdemeanor DUI offense and a summary careless driving offense. The defendant pleaded guilty to the summary offense in January 2014, and in October 2014, proceeded to trial for the DUI charge. He was found guilty of DUI, after which he filed a motion for a trial de novo. He then moved to dismiss the charge pursuant to Pennsylvania’s compulsory joinder rule. The court denied his motion, and he appealed.

Compulsory Joinder in DUI Cases

On appeal, the defendant argued that the lower court erred in denying his motion to dismiss because he was previously convicted for an offense that arose out of the same criminal episode as the DUI offense. The Commonwealth’s defense rested on the argument that the defendant waived his right to object to his DUI prosecution when he failed to assert the compulsory joinder defense at his initial DUI proceedings. Continue reading

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In Pennsylvania, if the Commonwealth charges a person with a DUI offense, it must prove each element of the crime beyond a reasonable doubt in order to obtain a conviction. As such, if the Commonwealth can establish the intoxication of a DUI defendant but not that he or she actually operated a vehicle while impaired, the defendant should be found not guilty, as demonstrated in a recent ruling in which the court vacated the defendant’s conviction. If you are charged with a DUI offense, it is in your best interest to speak to a skilled Pennsylvania DUI defense lawyer to discuss what defenses are available.

The Facts of the Case

It is reported that a police officer performed a traffic stop at 3:30 in the morning when he noticed the defendant’s motorcycle behind a large tree. The defendant briefly spoke to the driver that the officer stopped, then went back behind the tree. The officer drove away but was then dispatched back to the same location following a report of an accident. When he arrived, he saw the defendant lying next to his motorcycle and tire marks on the grass but not the road.

Allegedly, the officer smelled alcohol on the defendant’s breath and asked him to submit to field sobriety testing. The defendant failed the first test and stated he could not perform the remaining tests due to a knee injury. The officer arrested the defendant for DUI, and a breath test revealed his BAC to be 0.11%. The trial court convicted the defendant, and he appealed, arguing that the Commonwealth failed to establish beyond a reasonable doubt that he had operated a vehicle while intoxicated. Continue reading