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Posted in DUI on June 20, 2025
In a landmark 2022 decision, the Pennsylvania Superior Court ruled that legal medical marijuana users can still be charged with DUI under state law—even without evidence of impairment. This case, Commonwealth v. Stone, clarified the legal conflict between Pennsylvania’s Medical Marijuana Act (MMA) and the state’s Driving Under the Influence (DUI) laws. 🚗 Case Background:… view more
Posted in DUI,License Suspension on June 19, 2025
The Pennsylvania Commonwealth Court addressed a key issue in DUI enforcement: Can silence be considered a refusal to submit to a chemical test after a DUI arrest? In Myers v. Department of Transportation, 33 C.D. 2022 (decided March 20, 2024), the court held that silence—following proper reading of the DL-26 chemical test warning—does, in fact,… view more
Posted in DUI on June 19, 2025
In a major decision that reshapes DUI enforcement in Pennsylvania, the Pennsylvania Supreme Court ruled on June 17, 2025, in Commonwealth v. Hunte (No. 16 MAP 2023), that warrantless blood draws from unconscious DUI suspects are unconstitutional under both the U.S. and Pennsylvania Constitutions. Key Takeaway The Court struck down Section 3755 of the Pennsylvania… view more
Posted in Constitutional Rights on June 18, 2025
In a significant Third Circuit decision, the court ruled that police officers violated the Fourth Amendment when they opened a car door during a routine traffic stop without reasonable suspicion. The case, United States v. Donte Dowdell (No. 21-3251), highlights the critical importance of timely legal arguments and raises important questions about the scope of… view more
Posted in ARD on June 15, 2025
On May 30, 2025, the Pennsylvania Supreme Court issued a landmark decision in Commonwealth v. Shifflett, ruling that acceptance into Pennsylvania’s ARD program for a DUI is not a criminal conviction and cannot be considered a “prior offense” for enhancing penalties in future DUI cases. This decision significantly impacts DUI sentencing in Pennsylvania, overturning a… view more
Posted in Expungement on December 29, 2024
A Pennsylvania expungement destroys records of a case so that charges do not appear on criminal background searches. In order to obtain an expungement, a person must first be legally eligible, meaning the law must allow it. Only if a person is eligible can they file an expungement and then try to convince a judge… view more
Posted in DUI on December 29, 2024
What Is Considered a Refusal in a Pennsylvania DUI Case? In Pennsylvania DUI cases, a police officer can require a driver to submit to chemical testing—such as a blood test or breathalyzer—if the officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs. A refusal to submit to testing… view more
Posted in Constitutional Rights on August 7, 2024
Many people want to know if the police need to obtain a warrant before searching a person’s cell phone. In Pennsylvania, the answer is that it depends. Given the rise in the importance of cell phones, courts grabbled with a person’s 4th Amendment rights when applied to phones, primarily focusing on whether or not warrants… view more
Posted in DUI on July 14, 2024
Many people me and ask “how can I be charged with DUI if the officer did not observe me driving?” In many of the cases, the person is sleeping behind the wheel of the car but not driving. In Pennsylvania, while the charge is Driving Under the Influence, the DUI law actually states that an… view more
Posted in Public Drunkenness on March 22, 2024
Alcohol can often lead a Jekyll and Hyde phenomena that causes normally intelligent people to make very poor decisions, and alcohol negatively impacts everyone, including criminal defense attorneys. According to a newspaper report, a Florida criminal defense attorney was recently arrested and charged with Disorderly Intoxication after getting into a drunken argument in public with… view more
