Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a mandatory minimum sentence for refusing to submit to a warrantless blood test. 2.) A defendant who refused a blood test cannot be subject to enhanced sentencing based on the refusal to...

On December 26th, 2018, Pennsylvania’s new Clean Slate Law took effect and made more people with certain misdemeanor convictions eligible to get their criminal records sealed. Under the previous law, many with convictions for lower level simple assault convictions found that they were not eligible to have their old convictions sealed. After lobbying and education efforts, the Pennsylvania legislature amended the record-sealing law to help...

On October 20th, 2014, the Pennsylvania General Assembly passed a law changing the way courts handle prior drunk driving (DUI) convictions at sentencing. In Pennsylvania, you face harsher punishments if you have prior DUI convictions.  Before the change, prior DUI convictions only led to an increased punishment if the defendant was convicted of the prior DUI before committing the new offense.  With the change in the law, any DUI conviction that...

On December 20, 2012, the Adam Walsh Act (SORNA) required many individuals who were convicted of sex offenses but not classified as violent sex offenders to begin registering as sexual offenders.  A new law passed in March 2014 has removed the registration requirement for individuals convicted of second-degree felony Indecent Assault between January 22, 2006, and January 1, 2007; Unlawful restraint (18 Pa. C.S.A. Section 2902(b)); False...

The Pittsburgh Post-Gazette reports that a Munhall, PA man shot and killed a man who had broken into his garage.  After calling 911, the homeowner informed the intruder that the police were on their way.  Munhall police reports that the intruder began an exchange of gunfire and was killed in the encounter.  Under Pennsylvania law, a person may defend himself and his home from intruders with deadly force.   For more information, go to:...

WPXI reports that 60 Pittsburgh-area drivers received traffic citations for improper use of the carpool/high-occupancy vehicle (HOV) lane on the Parkway North.  Under the law, the HOV lane may only be used by motorcycle operators and cars that are carrying at least two human passengers inbound from 6:00 AM to 10:00 AM and outbound from 3:00 PM to 7:00 PM.  There are no exceptions for fuel-efficient vehicles.   For more information, go to:...