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The Birchfield ruling by the United States Supreme Court, which held that warrantless blood draws were unconstitutional, created a ripple effect in Pennsylvania DUI cases and DUI cases throughout the country. [read post]
2 Oct 2017, 4:59 pm by Theodore Harvatin
In a recent case, the Pennsylvania Supreme Court granted an appeal to consider the lawfulness of a warrantless blood draw conducted upon a motorist who, having been arrested for DUI, had then been rendered unconscious by medical personnel before a police officer provided O’Connell warnings and before the officer requested the motorist’s submission to a chemical test. [read post]
6 Jan 2022, 1:42 pm by Attorney Ketchel
If you refuse, or the police say you refused, you will receive a letter from PennDot stating that your license will be suspended. [read post]
There, Trooper J.R. read K.W. the O’Connell and implied consent warnings, as contained on the Pennsylvania State Police DL-26 form, after which K.W. consented to a BAC test. [read post]
12 Jun 2014, 7:28 am by Evan M. Levow
More Blog Posts: Pennsylvania DUI Defendant Argues on Appeal that Verdict Went against Weight of Evidence, Gets New Trial, Pennsylvania DUI Lawyers Blog, May 13, 2014 Court Sides with Police Testimony over Video Evidence in DUI Case, Pennsylvania DUI Lawyers Blog, May 1, 2014 Pennsylvania Superior Court Affirms DUI Conviction, Demonstrating the Importance of Preserving Error at Trial, Pennsylvania DUI Lawyers Blog, March 20, 2014 Photo… [read post]
17 May 2018, 10:30 am by Howard Bashman
“Trooper slaying appeal focuses on how suspect was questioned”: Mark Scolforo of The Associated Press has a report that begins, “Pennsylvania’s highest court on Thursday peppered a defense lawyer and a prosecutor with questions about the police interrogation of a man later convicted of killing one state trooper and wounding another to act out his anti-government beliefs. [read post]
Defendant appealed, arguing the suspension was improper because the police officer did not warn him of increased criminal penalties for refusal of the blood test. [read post]
6 Nov 2019, 2:02 pm by Kent Scheidegger
Katie Meyer reports for WITF that nearly 3/4 of Pennsylvania voters approved that state's version of Marsy's Law, granting constitutional rights to crime victims. [read post]
13 May 2009, 4:05 am
Approval of a plaintiff's request that the federal district court dismiss his or her then pending lawsuit may bar later reinstating the action Perry v Commonwealth Of Pennsylvania and Pennsylvania State Police, Ca3, Docket #08-2884Bonita Perry appealed from an order of the District Court for the Western District of Pennsylvania denying her motion to reopen her case alleging claims against the Commonwealth of Pennsylvania… [read post]
25 Feb 2019, 12:21 pm by Zachary B. Cooper, Attorney at Law, P.C.
Sufficiency of Evidence  On appeal, the defendant stated that he was not driving erratically prior to when he was stopped and the arresting officer admitted she did not observe him committing and traffic violations. [read post]
25 Oct 2011, 1:40 pm by Steve Hall
Cooper's case is among more than 125 capital murder trials in Pennsylvania - 69 in Philadelphia alone - that state and federal appeals courts have reversed or sent back for new hearings because mistakes by defense lawyers deprived the accused of a fair trial. [read post]
The defendant appealed, arguing that the evidence presented by the Commonwealth was insufficient to prove her impairment beyond a reasonable doubt. [read post]
Pennsylvania Superior Court Quashes DUI Appeal as Untimely, Pennsylvania DUI Lawyer Blog, August 10, 2016. [read post]
The Superior Court of Pennsylvania recently analyzed the issue of what constitutes physical control in a case in which the defendant appealed his DUI conviction due to the fact he was not driving when he was investigated by the police. [read post]