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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
Posted in Penn State Marijuana Possession on February 15, 2026
Is Chemical Testing of Marijuana Vape Needed at Preliminary Hearing Phase? In Commonwealth v. Chadwick, a Centre County judge addressed an increasingly common issue in Pennsylvania criminal law: whether the Commonwealth can establish a prima facie Possession of Marijuana case involving a THC vape without laboratory testing. Background of the Case A Pennsylvania State Trooper… view more
Posted in Fourth Amendment on February 10, 2026
U.S. Supreme Court Clarifies Emergency Aid Exception to the Fourth Amendment In Case v. Montana, the U.S. Supreme Court reaffirmed that police may enter a home without a warrant when they have an objectively reasonable basis to believe an occupant is seriously injured or facing imminent harm. The Court rejected the argument that probable cause is… view more
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
