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December 2014 Archives

Elf on the Shelf Charged With DUI

It is my understanding that the Elf on the Shelf may get into some minor trouble from time to time, but such an elf was recently charged with driving under the influence after being found asleep behind the wheel of a running vehicle with its headlights on and music playing. I feel bad for this elf as his costume and the pending DUI case has brought him unwanted national attention, but this case also gives me an opportunity to debunk a misunderstood part of Pennsylvania DUI laws, which is that a person can be charged with drunk driving even if he or she is not actually "driving" a vehicle.

Juveniles Charged With Rape After Posting Sex Video Online

Two 13-year-old boys have been charged with Rape and Indecent Assault after they allegedly coerced an 11-year-old girl to perform sex acts on them by threatening to post a previously recorded sexual video of the girl online. The boys recorded the sex act and then posted it online. Some people that viewed  the video then contacted the principal of the school, and the principal contacted the police.

Pennsylvania College Student Charge With Jogging While Drunk

As a State College criminal defense attorney, I have heard many fact patterns involving how students at Penn State, Lock Haven, and Juniata have been charged with Underage Drinking and Public Drunkenness. However, I recently read an article in which a DeSales University student was stopped by police after he was drunk jogging along a road and causing vehicles to take defensive maneuvers to avoid striking him. Many of my Penn State University Park clients have been unable to walk and have been almost struck by vehicles on College or Beaver Avenues, but I cannot recall a case in which they were jogging, unless  they were actually running away from the police.

Pennsylvania May Expand Good Samaritan Law to Drug Overdose Cases

When someone references a "Good Samaritan" law, I am reminded of the Seinfeld episode that put the group behind bars because they failed to help a person that was in trouble. The law in the show required a person to render aid, and the failure to help was a crime. In reality, Good Samaritan laws actually insulate a person from criminal liability if the person tries to help another person that needs medical attention.