Posted in DUI on March 22, 2026

In Commonwealth v. Roser, 914 A.2d 447 (Pa. Super. 2006), the Pennsylvania Superior Court ruled on a challenge to the PA DUI law and whether it prohibited driving under the influence of gasoline. Factual Background Roser was stopped by police after he was observed driving over the center and fog lines and almost striking another… view more

Posted in DUI on March 18, 2026

The Pennsylvania Superior Court clarified that a driver may be prosecuted under Pennsylvania’s DUI statute even when the substance involved is not a controlled substance. In Commonwealth v. Walsh, 2026 PA Super 47, the Court reversed the dismissal of DUI charges stemming from alleged impairment caused by kratom and caffeine. Factual Background The case arose… view more

Posted in DUI on March 1, 2026

In Commonwealth v. Smith, No. 1571 MDA 2021, the Pennsylvania Superior Court affirmed a Perry County DUI conviction where district attorney did not present direct evidence that Smith was driving.  Smith was convicted by a judge at a trial.  Smith appealed and argued that there was insufficient evidence presented that he drove or operated the… view more