Straight out of Fargo, North Dakota, Valley News reports that 27 year-old Steve Anderson, formerly a part-time Zamboni driver for the Park District Sports Arena, pled guilty this week to an on-the-job DUI. This plea agreement stems from an incident in January where spectators at a girls’ hockey game watched him erratically weave across the […]
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Pennsylvania – Ignition Interlock for First Offense DUI?
According to recent news reports, Mothers Against Drunk Driving (MADD) is preparing a new push to have the Pennsylvania state legislature enact legislation requiring that an ignition interlock system be installed in the car of first-time DUI offenders whose blood alcohol content exceeds .10%. A similar effort passed unanimously in the State Senate at the tail end […]
Sleep Driving and the Ambien Defense
The dangers of driving while under the influence of alcohol or illegal drugs are no secret and everyone is aware that this conduct is illegal. Many people may not be aware, however, that you can also be charged with DUI for driving under the influence of prescription drugs. 74 Pa.C.S. § 3802(d)(2) addresses this: “(d) […]
PA Supreme Court: No Problem with HGN
In a decision that is certain to have significant ramifications for the DUI defense bar, the Pennsylvania Supreme Court recently affirmed without elaboration the Superior Court’s decision in Commonwealth v. Weaver, 76 A.3d 562, on the question of whether horizontal gaze nystagmus (HGN) tests “are [in]admissible at a suppression hearing for lack of probable cause […]
PA Superior Court: Evidence of Checkpoint Data A Must To Avoid Suppression
In Commonwealth v. Garibay, 758 WDA 2012, the Pennsylvania Superior Court, sitting en banc, held that the Commonwealth must produce, by testimony or actual documentation, statistics, data or reports to support the choice of location, timing, and duration of a vehicle-stop checkpoint in order to meet the “reasonableness” standard required for seizures under the Pennsylvania and United […]
