The Superior Court vacated the defendant’s convictions for homicide by vehicle, DUI, and related charges. Citing Birchfield, the Court ruled that the police unlawfully obtained Jones-Williams’s blood test results from the hospital when the authorities did so without a warrant.
In Commonwealth v. Hajdarevic, the Superior Court held that the Confrontation Clause applies to evidence presented by the government to establish the time of a blood draw in a DUI case because, under Section 3802 of the Motor Vehicles Code, the government is required to prove that the defendant’s blood alcohol content within two hours … Read more
In this interlocutory appeal, the Supreme Court reversed the Superior Court and ruled, by failing to challenge the suppression court’s explicit invocation of that provision before the Superior Court, the Commonwealth waived its challenge to Wolfel’s failure to raise a claim under Article I, Section 8.
After a bench trial, Glenn was convicted of driving under the influence of metabolites of a controlled substance (DUI-metabolite). Glenn appealed and argued the DUI statute should be read so as to not criminalize driving with the metabolite of a medically prescribed controlled substance since the legislature did not criminalize driving under the influence of the prescribed … Read more
The Superior Court dismissed a DUI prosecution because the Commonwealth failed to comply with the compulsory joinder rule found in 18 Pa.C.S. § 110. The defendant had been charged with traffic offenses stemming from the same incident as the DWI charge and pled to summonses for those traffic offenses before a magisterial district judge. After later … Read more
In these two appeals, the Court considered the constitutionality of the provision of the mandatory minimum sentencing statute for driving under the influence (DUI), which treated a prior acceptance of accelerated rehabilitative disposition (ARD) in a DUI case as a prior conviction for sentencing enhancement purposes. The Court held that Appellants were not afforded their constitutional protections … Read more
Officers saw defendant in his parked car in an empty parking lot eating Taco Bell food. One officer approached the driver’s side of the car, while his partner approached the passenger side. The defendant was the sole occupant of the car. The officer closest to the appellant ordered him to roll his window down. Subsequently, … Read more