In a 2-1 decision, the Superior Court of Pennsylvania decided Commonwealth v. Spotti, regarding aggravated assault by vehicle while driving under the influence of alcohol (“AA-DUI”, 75 Pa.C.S. §3735.1). The question at hand was, Can a driver be found guilty of Aggravated Assault while DUI for an accident that was not directly caused by his […]
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Can You Get A DUI For Sleeping Drunk In Your Car?
Imagine this – you leave a party or a bar, knowing full well that you are too intoxicated to drive. Not wanting to commit a crime, you decide to sleep in your car until you are sober, at which point you will drive home. During your sleep, you are interrupted by a police officer tapping […]
New Breathalyzer Detects Presence of Drugs
According to the CDC, drugs other than alcohol are involved in approximately 18% of all fatal vehicle crashes each year. Despite this, there is still no portable test available to police to detect drugs in a person’s system. Recently, Swedish researchers developed a breath test that they say can detect 12 different drugs, including methamphetamine, […]
Bucks County Ambulance Driver Charged With DUI After Accident
In Bucks County last month a Newtown Ambulance driver was charged with DUI after getting into a minor accident while transporting a patient. Nicholas White, 30, was driving on Route 1 in Middletown en route to Montgomery Township so the patient could be given a mental health evaluation. Around 4:30 pm, he hit a curb […]
Pennsylvania State Police Resume Breathalyzer Testing
Last January, we wrote a blog about how a Dauphin County Judge ruled that readings from the Intoxilyzer 5000EN were inadmissible because, among other reasons, the breathalyzer’s manufacturer (CMI) is not allowed to make the simulator solution that calibrates the machine, per Pennsylvania state regulations. As a result of this and subsequent rulings, the Pennsylvania […]
