Articles Posted in DUI Sentence

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A defendant appealed from a sentence entered in the Allegheny County Court of Common Pleas, following the revocation of his probation. He argued the Pennsylvania Superior Court should vacate his sentence due to the revocation court’s abuse of discretion in fashioning it. The intermediate court disagreed.

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On May 17, 2010, following a bench trial, the lower court convicted him of firearms offenses, theft, and receiving stolen property. The court sentenced the defendant to two to four years’ incarceration and up to six years of probation. While he was still serving his probationary term, he was convicted of DUI.

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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.

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In the early morning of February 12, 2015, an officer witnessed a driver’s vehicle sideswipe a legally parked car. The officer initiated a traffic stop. When the driver rolled down the vehicle window, a strong odor of alcohol emanated from the vehicle. The officer and his colleague noticed that the driver had red, glassy eyes, and his speech was slurred.

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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 same conduct.

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In April 2014 at approximately 2:20 a.m., City of Pittsburgh Police Officer Lee Myers observed a Dodge driven by Williams make a left turn through a red light. Officer Myers began to follow Williams, and Williams proceeded to crash into a concrete barrier. Before Officer Myers could get to the site of the crash, Williams backed up the car and then began driving the wrong way down a one-way street. Officer Myers activated his lights and sirens and began to pursue Williams, who was traveling at over 25 miles per hour. Continuing to travel in the wrong direction, Williams drove through several intersections with stop signs. Williams eventually crashed the car again, disabling it, and then fled on foot before Officer Myers arrested him at gunpoint.

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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).

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In June 2015, Alexis Popielarcheck pled guilty to two counts of Driving Under the Influence (DUI) (Second Offense – Ten Years); 13 counts of Disregard Traffic Lane; Reckless Driving; and Restraint Systems as a result of an August 2014 incident in which she was under the influence of various controlled substances. The court ordered a pre-sentence investigation and modified Popielarcheck’s bail to require inpatient drug and alcohol therapy.

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The Pennsylvania Superior Court recently rejected an appellant’s contention that her sentencing as a repeat offender for her DUI conviction resulted in ex post facto punishment.

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In January 2015, appellant Kriz Kizak was charged with DUI General Impairment/Incapable of Safe Driving (75 Pa.C.S. § 3802(A)(1)) and DUI Highest Rate of Alcohol (75 Pa.C.S. § 3802(B)) for a December 2014 incident. She pled guilty in May 2015. In July, Kizak was sentenced under the second charge to undergo imprisonment in the Centre County Correctional Facility for a period of not less than 30 days nor more than six months. Kizak was sentenced as a second offender because she was also charged with DUI for an incident that occurred on September 24, 2014. Moreover, Kizak was accepted into the Accelerated Rehabilitation Disposition (ARD) program on the first offense DUI. Kizak filed a post-sentence motion, which was denied.

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