Articles Posted in DUI Sentence

Published on:

by

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 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.

Continue reading

Published on:

by

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.

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.

Continue reading