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Posted in DUI on December 1, 2025
Overview In Commonwealth v. Whitcomb, the Pennsylvania Superior Court considered a novel argument raised by a DUI defendant: that she should be excused from criminal liability because her impairment resulted from involuntary intoxication. The court ultimately rejected the defense, holding that “involuntary intoxication” is not recognized as a valid defense to DUI under Pennsylvania law—especially… view more
Posted in DUI on November 30, 2025
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
Posted in ARD on November 1, 2025
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
Posted in DUI on August 10, 2025
The Pennsylvania Superior Court’s June 28, 2024 decision in Commonwealth v. Joshua W. Ward (2024 PA Super 133) highlights how a DUI arrest in Pennsylvania can result from a routine welfare check under the community caretaking doctrine. The case reaffirms that officers can approach and detain a driver without a warrant if they have objective… view more
Posted in DUI on August 10, 2025
In Commonwealth v. Palchanes (2019 PA Super 351), the Pennsylvania Superior Court affirmed a conviction for obstructing the administration of law after a driver refused to comply with a valid search warrant for a blood draw. This case is a clear warning that refusing a blood test after police obtain a warrant can lead to… view more
Posted in Fourth Amendment on August 10, 2025
The Court of Common Pleas of Centre County recently ruled in Commonwealth v. Klanish, CP-14-CR-922-2019, that evidence from a marijuana possession case would not be suppressed. This decision provides important guidance on Pennsylvania traffic stop laws, the authority of sheriff’s deputies, and when Miranda rights apply. Facts of the Case On April 30, 2019, a Centre… view more
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
