PA Drug-DUI Offenses Are Strict Liability

The Pennsylvania Superior Court issued an important decision in drug-DUI cases under 75 Pa,C.S. 3802(d)(1) and (d)(2). On July 1, 2024, in Commonwealth v. Macik, the Court held that drug-DUI charges do not require the Commonwealth to prove any mens rea (mental state). The ruling reaffirms that these DUI–drug subsections are strict liability offenses, meaning… view more

PA Supreme Court Limits Removal from ARD Program

In a major decision for Pennsylvania DUI and criminal defense law, the Pennsylvania Supreme Court ruled in Commonwealth v. Jenkins that a defendant cannot be removed from the Accelerated Rehabilitative Disposition (ARD) program based solely on the “spirit or purpose” of the program.  The Court held that ARD revocation is only lawful when a participant… view more