You have been pulled over for suspicion of driving under the influence of alcohol. Rather than taking you to the local hospital for a blood alcohol test, the officer decides to administer a breath test using one of the devices approved for testing in the Commonwealth of Pennsylvania. After the second test, the officer informs […]
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Broader Expungement of Criminal Records Coming to PA
Governor Tom Wolf today signed into law Senate Bill 166 which will expand the range of crimes which may be expunged from criminal records. While this is good news for many within the Commonwealth, the law will not go into effect until 270 days from now. This means that courts will begin to process the […]
You Have No Right to Choose The DUI Testing Method
Recently, the Supreme Court of Pennsylvania decided that a motorist does not have the right to select from the three available methods of testing when arrested for DUI. This issue came before the Court after a motorist was arrested on suspicion of driving under the influence. After being taken to the hospital for blood […]
Juvenile prior is not a conviction under firearms act
On December 21, 2015, the Supreme Court of Pennsylvania held that juvenile adjudications of delinquency are not “convictions” for the purpose of enhancing the grading from a misdemeanor to a felony for violations under the Pennsylvania Uniform Firearms Act. The Pennsylvania Uniform Firearms Act, 18 Pa. C.S. §6501(a)(1), prohibits persons from possessing firearms who have […]
Drones and The Overcriminalization of America
In America legislators are elected by voters. The majority of political candidates run on a platform of being tough on crime. Candidates often try to demonstrate to constituents that they are tough on crime by proposing legislation criminalizing something. This creates a ratchet type system of punishment in America. As the ratchet turns punishment for […]
