In the News: Heightened DUI Enforcement

Posted by on Aug 20, 2009 in Checkpoints, DUI |

From Friday, August 21, 2009 through Monday, September 7, 2009 local police will be joining a national effort to crackdown on drunk driving. Over the period, law enforcement agencies will be conducting DUI checkpoints and roving patrols. The Pittsburgh Post-Gazette reports that public service announcements will target female drivers. Studies have shown that incident rates for female drivers committing DUIs have increased in recent years. For...

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BriefLaw: Commonwealth v. Ray McCoy

Posted by on Jul 23, 2009 in Case Law Summaries, DUI |

Commonwealth v. Ray D. McCoy J-165-2008 (7/12/2009) Topic: DUI Refusal – Right to Counsel Summary: There is no right to counsel before submitting to a chemical test for a DUI. http://www.pacourts.us/OpPosting/Supreme/out/J-165-2008mo.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to email this to a friend (Opens in new...

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BriefLaw: Commonwealth v. Michelle Necole Griffith

Posted by on Jul 12, 2009 in Case Law Summaries, DUI |

Commonwealth v. Michelle Necole Griffith 2009 PA Super 120 (7/02/2009) Topic: DUI 75 Pa.C.S.A. Section 3802(d) – Prescription Drugs – Sufficiency of the Evidence Summary: For a defendant to be convicted of driving under the influence of a prescription drug, the prosecutor must present expert testimony on the intoxicating effect of the drug. http://www.pacourts.us/OpPosting/Superior/out/s14030_09.pdf Share this:Click to share on...

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BriefLaw: Commonwealth v. Gregory Philip Kendall

Posted by on May 29, 2009 in Case Law Summaries, Constitutional Rights, DUI |

Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009) Topic: Reasonable Suspicion – Automobile Stop – Officer’s Duty to Aid Summary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable suspicion is not necessary. Illustration: While driving on a desolate road in the middle of the night, Defendant pulled over. Although the officer was following Defendant for a few...

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BriefLaw: Commonwealth v. Daniel J. Schmohl

Posted by on May 29, 2009 in Case Law Summaries, DUI, sentencing |

Commonwealth v. Daniel J. Schmohl 2009 PA Super 97 (5/26/2009) Topic: DUI – Merger of Offenses Summary: Driving Under the Influence (DUI) with a high rate of alcohol is a lesser included offense of Aggravated Assault while Driving Under the Influence. Therefore, the offenses merge for sentencing purposes. http://www.pacourts.us/OpPosting/Superior/out/A06009_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share...

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BriefLaw: Commonwealth v. Matthew Sibley

Posted by on May 5, 2009 in Case Law Summaries, DUI |

Commonwealth v. Matthew Sibley 2009 PA Super 84 (5/05/2009) Topic: DUI – Blood Alcohol Content (BAC) – Coefficient of Variation Summary: Where the coefficient of variation fails to indicate that the defendant may have been operating a vehicle while below the legal limit, the evidence is sufficient to support the conviction. Illustration: Sibley was charged with DUI with a blood alcohol level above 0.16%. There was a 3% coefficient...

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