On March 26, 2018, the Pennsylvania Superior Court held that the trial court must conduct an objective inquiry to determine whether exigent circumstances justify police officers engaging in a warrantless blood test. This inquiry must rely on the totality of the circumstances present in each DUI investigation. In Commonwealth v. Trahey, Trahey was driving a […]
Articles
Article Categories
Ignition Interlock Devices Permit Suspended PA Drivers to Get Back on the Road
Ignition Interlock is a device which allows some individuals convicted of Driving Under the Influence of Alcohol or Controlled Substances, whose licenses have been revoked or suspended, to apply for an Ignition Interlock Limited License (“IILL”). The ignition interlock system is leased and placed in the vehicle by an authorized vendor and the device costs […]
DUI NEWS: CRN Evaluation Not Required As Bail Condition
On July 14, 2017, the Superior Court of Pennsylvania ruled that Requirements for driving under influence offenders (-75 Pa.C. S .§§ 3816) did not require that all defendants charged with Driving Under the Influence (DUI) submit to a Court Reporting Network (CRN) Evaluation as a condition of bail. Specifically, the court found that this requirement […]
Birchfield Ruling Applies to Drug Cases Too
On July 11, 2017, the Superior Court of Pennsylvania ruled that the United State’s Supreme Court ruling in Birchfield v. North Dakota, that blood cannot be taken without a warrant or consent, applies to both alcohol and drug-related DUI’s. In Birchfield v. North Dakota, following a car accident the driver (Birchfield) failed numerous field sobriety […]
No Mandatory Minimums for Refusing Blood Test in PA
“In absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police [for suspicion of DUI] is not subject to enhanced penalties” (Commonwealth v. Giron). The Pennsylvania Superior Court held that Giron, who was found guilty of DUI, was sentenced illegally because he […]
