Our Blog

Pennsylvania DUI Conviction Overturned Under Two-Hour Rule

Everyone knows that a normal DUI charge requires a prosecutor to present evidence at a trial that a person was driving and the person’s alcohol level was over the legal limit.  In Pennsylvania, a driving under the influence charge for alcohol also normally requires that the blood or breath was drawn within two hours of… view more

Pennsylvania Court Holds Odor of Marijuana Alone Not Probable Cause

The Pennsylvania Superior Court recently issued a decision which considers the fact that Pennsylvania citizens can lawfully possess and use marijuana for medicinal purposes.  Many states across the nation now allow for medicinal marijuana use, and some areas have de-criminalized or even legalized marijuana use.  The fact that marijuana is not illegal in all circumstances… view more

Prosecutor’s Denial of ARD Upheld by Superior Court

Many first-time DUI offenders participate in a pretrial diversionary program called Accelerated Rehabilitate Disposition (ARD) that allows a person to have the charges dismissed and expunged upon completion of the program requirements.   Whether a person is approved to participate in ARD is generally up to the District Attorney in the particular county, and the District… view more

Medical Marijuana Use Allowed While On Probation in Pennsylvania

Many people want to know whether or not medicinal marijuana can be used while a person is on probation or parole in Pennsylvania.  In the past, the answer depended upon what county was supervising the probation or parole.  Some counties allowed medicinal use of marijuana, but other county probation departments did not. On June 18th… view more

Pennsylvania ARD No Longer a Prior Offense of DUI

The Pennsylvania Superior Court issued a ground breaking decision and held that participation in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program for a DUI offense cannot be used to treat a subsequent driving under the influence case as a second or subsequent offense for mandatory minimum sentencing purposes.  This decision will have a huge impact on… view more

Superior Court Overturns Cumberland County DUI Conviction

The Pennsylvania Superior Court recently reviewed a Cumberland County DUI conviction and concluded that the original judge had incorrectly denied the suspect’s request for suppression of evidence.  In the case, captioned Commonwealth v. Wallett 1677 MDA 2019, Wallett argued that her constitutional rights were violated when a police officer stopped her vehicle in a residential… view more

Pennsylvania Governor Allows Early Release Of Some Inmates

Due to the Coronavirus pandemic that is sweeping across the nation, the Pennsylvania governor issued an executive order that allows for a relatively small number of inmates to be released from state prison.  The goal of the order is to reduce the prison population and thereby reduce the number of people, both inmates and guards,… view more

Evidence Suppressed in State College DUI Case – Illegal Traffic Stop

The law applies to everyone, including police officer when performing their duties and conducting investigations.  If the police violate a person’s constitutional rights during an investigation, then the law requires that evidence seized as a result of the violation must be suppressed and cannot be used at future court proceedings.  It is a simple concept,… view more