Archive for the ‘DUI’ Category

Supreme Court of United States decision in Missouri v. Tyler G. McNeely

On April 17, 2013, The Supreme Court of the United States decided the matter of Missouri v. Tyler G. McNeely, (no. 11-1425) holding that a blood test without a warrant is unconstitutional and the human body’s metabolization of alcohol does not, without more, present exigent circumstances which would allow for a n exception to the Fourth Amendment Guarantee against unreasonable searches and seizures. Justice Sotomayor further stated that a case by case analysis is necessary to determine exigency.

The importance of this decision on Pennsylvania Driving After Imbibing (DUI) matters is minimal. Pennsylvania has adopted an “implied consent” for blood alcohol testing when the police believe that a driver is likely intoxicated. According to section 1547 of (more…)

Penalty for Alcohol and Marijuana Offenses Unrelated to Recent Research

A recent study in the Journal of Psychopharmacology concluded that Alcohol is more than twice as harmful as cannabis to users and that increased policing of marijuana usage results in only the criminalization of young people with no significant reduction in Health related risks.  Although this study is based on United Kingdom research, the conclusion is supported by the Centers for Disease Control and Prevention that suggested the rate of alcohol and marijuana consumption is increasing although resultant injuries are only increasing in children that consume alcohol.  One study even suggests that the driving after imbibing alcohol is more dangerous than driving after imbibing marijuana and legalization of marijuana has the benefits of reduced alcohol purchase and consumption and reduction in vehicle related accidents and fatalities. (more…)

Judge Rules DUI Breathalizer Test Results Inadmissible

In a recent decision, Dauphin County Judge Lawrence F. Clark, Jr., held that results from the Intoxilyzer 5000EN breathilizer machine were not scientifically reliable and thus inadmissible against defendants in certain DUI cases.  This ruling will affect pending DUI cases in Dauphin County, as well as many recent convictions.  Anyone with a pending or recent DUI should contact an attorney immediately to discuss their options. (more…)

DUI Drug Convictions

Under the way the current law is written, you do not have to actually be intoxicated at the time you are driving to be convicted of a drug-related DUI.    (more…)

Too Many Traffic Violations can Land You in Jail

ABC News recently reported on a man who was sentenced to a 60 day prison term after receiving his 38th citation for driving under suspension.  You can access the story here: Traffic Offense. (more…)