Posted in DUI on July 25, 2025

Case Background: Commonwealth v. Pombo Yes.  In Commonwealth v. Pombo, the defendant was convicted in Pike County of DUI (controlled substance) and driving while his license was suspended due to a prior DUI. At sentencing, the Commonwealth sought to apply Pennsylvania’s mandatory minimum penalties for a third offense DUI, citing Pombo’s two prior New York… view more

Posted in General on July 23, 2025

Many people watch TV and see people secretly recording meetings or discussions and assume that doing so is legal.  In Pennsylvania, that is not the law, and ignorance of the law is no defense. In Commonwealth v. Cline, 2017 PA Super 417, the Cline had been convicted of violating the Wiretap and Electronic Surveillance Control… view more

Posted in ARD, DUI, License Suspension on July 23, 2025

If you’ve resolved a DUI in Pennsylvania through the ARD (Accelerated Rehabilitative Disposition) program, you might think it won’t come back to haunt you, especially in light of the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Shifflet.  In that case, the Court ruled that ARD was NOT a prior offense of DUI for criminal sentencing… view more

Posted in Centre County DUI on July 21, 2025

In Commonwealth v. Surovec, CR-868-2024, the Centre County Court of Common Pleas denied a motion to suppress evidence after a DUI arrest, ruling that the traffic stop was lawful because the driver was traveling at an unreasonably slow speed. This case highlights how driving too slowly—if it disrupts traffic—can provide Pennsylvania law enforcement with probable… view more

Posted in Fourth Amendment on July 20, 2025

In Commonwealth v. Bentley, 1253 MDA 2024, the Pennsylvania Superior Court reversed the Lycoming County trial court’s decision to suppress evidence in a drug trafficking case. The ruling strengthens law enforcement’s ability to obtain search warrants based on tips from confidential informants and reinforces how courts should apply the “probable cause” standard. Controlled Buy Leads… view more

Posted in Constitutional Rights on July 20, 2025

In Commonwealth v. Bloom, 2025 PA Super 143, the Pennsylvania Superior Court affirmed the conviction of Bloom for drug delivery resulting in death (DDRD), delivery of a controlled substance, and recklessly endangering another person. addressed a constitutional challenge under the Confrontation Clause—a recurring issue in drug delivery resulting in death (DDRD) cases involving toxicology reports… view more

Posted in Fourth Amendment on July 18, 2025

In a pivotal ruling for Pennsylvania criminal defense law, the Superior Court of Pennsylvania reversed the drug convictions of two York County men—Charles and Timothy Manuel—after finding that the search warrant used to enter their home lacked sufficient probable cause. This en banc decision underscores the importance of police corroboration when relying on tips from… view more

Posted in Centre County DUI, Fourth Amendment on July 17, 2025

In Commonwealth v. Lee, CP-14-CR-1136-2024, the Centre County Court of Common Pleas ruled that a Bellefonte police officer lawfully stopped a suspected drunk driver outside of her jurisdiction under Pennsylvania’s Municipal Police Jurisdiction Act (MPJA). This case provides important guidance for anyone facing DUI charges in Pennsylvania, especially when questions arise about whether officers acted… view more

Posted in Fourth Amendment on July 12, 2025

In Commonwealth v. Hightower, 2025 PA Super 129, the Pennsylvania Superior Court affirmed a York County judge’s suppression of evidence in a felony drug and firearm case. The ruling provides a critical reminder of the constitutional limits on police conduct during protective sweeps and the plain view doctrine. Background of the Case In the case,… view more

Posted in DUI on July 8, 2025

In a recent decision that impacts DUI prosecutions across Pennsylvania, the Pennsylvania Supreme Court issued important guidance on how the Commonwealth can prove a “highest rate of alcohol” DUI offense when the exact time of driving is uncertain. The case, Commonwealth v. Starry, 19 WAP 2019, addressed how blood alcohol content (BAC) test results obtained… view more