Articles

The Pennsylvania Superior Court recently held that consent to a blood test could be given even if a defendant is not told that the results of the blood test could be used against him in criminal proceedings. The case arose from a car crash on Street Road in Bensalem, where a pedestrian in a motorized wheelchair had […]

Thousands of blood alcohol test results were called into question in Wisconsin because of a phenomenon dubbed “jagged humps” that has been observed in one blood testing lab. The science behind headspace gas chromatography tests is complex and the details can be found here, but in essence these jagged humps are unexplained anomalies in the results […]

On April 8, the Superior Court issued its opinion in Commonwealth v. Landis, 2014 WL 1369592, in which it granted a new trial following a DUI – Highest rate of alcohol conviction and the Juniata County trial judge’s denial of the defendant’s post-sentence motion for a new trial. The technician at the hospital to which […]

On April 22, the Supreme Court of the United States issued its decision in Navarette v. California, 2014 WL 1577513, in which it held that an anonymous 911 call reporting erratic driving, uncorroborated by a police officer viewing any erratic driving indicative of the driver being under the influence, can create reasonable suspicion that the […]

On February 25, the Supreme Court of Pennsylvania denied allowance of appeal in Commonwealth v. Schildt, the Dauphin County DUI case where The Honorable Lawrence Clark after a habeas corpus petition barred breath test results from being used at trial. This Order was later overturned by the Superior Court on the grounds that Judge Clark’s ruling […]