Commonwealth v. Hand

The Pennsylvania Superior Court affirmed the denial of post-conviction relief for a defendant who made allegations of ineffective assistance of trial counsel. The case was a pre-Birchfield blood-draw DUI. The defendant claimed counsel was ineffective for failing to object when a police officer opined why there were exigent circumstances for a warrant. The Superior Court … Read more

Commonwealth v. Banks

In Commonwealth v. Banks, the defendant appealed his convictions of DUI, VUFA, and related charges. On appeal, he claimed: 1. the evidence was insufficient to convict him of DUI, and 2. the trial court erred in denying his motion to dismiss the VUFA charges on the grounds of double jeopardy and collateral estoppel in that … Read more

Commonwealth v. Eid

Commonwealth v. Eid presented the Pennsylvania Supreme Court with constitutional challenges to the Vehicle Code’s enhancement of sentences for those who refuse chemical testing after driving under a suspended license. The Court concluded that the evidence was sufficient to sustain the defendant’s conviction for refusing to submit to a warrantless breath test, which, unlike a … Read more

Commonwealth v. Vela-Garrett

In Commonwealth v. Vela-Garrett, the Pennsylvania Superior Court addressed the defendant’s argument that his conviction for endangering the welfare of a child (EWOC) was not supported by sufficient evidence. The defendant was convicted of driving under the influence of marijuana under 75 Pa.C.S. § 3802(d)(1)(iii), a strict-liability offense, and EWOC after he was stopped for … Read more

Commonwealth v. Dirosa

In Commonwealth v. Dirosa, the defendant challenged the sufficiency of the evidence for his DUI conviction, 75 Pa.C.S. § 3802(c). The defendant argued that the evidence did not establish he drove his car to a Wawa or that he was in actual physical control of the car while sitting in it at the Wawa parking … Read more

Commonwealth v. Atkinson

Commonwealth v. Atkinson involved an appeal from a trial court’s order denying a motion to dismiss based on the principles of compulsory joinder, 18 Pa.C.S. § 110. In 2013, Atkinson was arrested and charged with DUI and a summary violation of the Motor Vehicle Code (MVC). Two months later, she was found guilty of the … Read more

Commonwealth v. Middaugh

In March 2014, Appellee was convicted of DUI. The clerk’s office was required to send PennDOT a record of the conviction within ten days after its occurrence. See75 Pa.C.S. § 6323(1)(i). For some reason, that office waited twenty-eight months after the ten-day deadline had passed to notify PennDOT of the conviction. When PennDOT received the … Read more

Commonwealth v. Given

The Pennsylvania Superior Court began the opinion in Commonwealth v. Given by letting the appellant know all the ways in which he waived his claims and filed a bad brief. But the Court sua sponte addressed a sentencing issue. The appellant was convicted of two counts of DUI, one count for having marijuana in his … Read more

Commonwealth v. Donoughe

In Commonwealth v. Donoughe, the defendant was charged with DUI and accepted into the ARD program. Pursuant to a written policy, ninety days after the defendant was accepted into ARD, the Pennsylvania State Police destroyed the mobile recording video of the arrest. But the defendant got kicked out of ARD and proceeded to trial. He … Read more

Commonwealth v. Clemens

In Commonwealth v. Clemens, the Pennsylvania Superior Court was asked to decide whether the evidence was sufficient to sustain convictions for DUI-General Impairment and Resisting Arrest. Given the challenge to the sufficiency of the evidence, the opinion covered the facts in great detail. The Court held that, even though the officers never explicitly stated to … Read more