A study published on January 29 in the American Journal of Epidemiology purports to find that marijuana use has played an increasing role in fatal car accidents over the past decade. But are the study’s conclusions scientifically sound? The study surveyed toxicology results of drivers involved in fatal car accidents in California, Hawaii, Illinois, New […]
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Senate Introduces Legislative Fix to Musau
The Pennsylvania Senate introduced Senate Bill 1239, which purports to fix the issue that stemmed from Commonwealth v. Musau, 69 A.3d 754 (2013). You can read about the case, which reduced the maximum sentences for certain DUI offenses from 5 years down to 6 months; here is our previous blog article. The Act, which is now in […]
Philadelphia Court of Common Pleas Applies McNeely to Illegal Blood Draw
On January 17, The Honorable Paula Patrick of the Philadelphia County Court of Common Pleas affirmed in Commonwealth v. Myers a Philadelphia Municipal Court order suppressing the results of a DUI blood draw by applying the United States Supreme Court’s decision in Missouri v. McNeely. In McNeely, the Court held that “the natural dissipation of […]
Superior Court Clarifies Xander for DUI Refusal Cases
On December 16, the Superior Court decided Commonwealth v. Olsen, holding that in order for a DUI chemical test refusal to trigger enhanced penalties, the arresting offer must have at least begun or attempted to read the implied consent form, DL-26, to the defendant. Olsen clarified the rule set forth in Commonwealth v. Xander in […]
Judge dismisses Montgomery County DUI case because driver already served 10 days jail
A Senior Judge sitting in Montgomery County Miscellaneous Court recently dismissed a DUI case because the defendant was facing a mandatory minimum sentence of 48 hours but had been incarcerated for 10 days awaiting trial. Judge Braxton’s rationale was that the man was not likely to get a sentence of more than 48 hours in […]
