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Law enforcement must reasonable suspicion to stop and investigate a motorist for drunk driving or probable cause that the motorist has committed a traffic violation. In other words, if they do not have probable cause to believe that you have committed a motor vehicle...
A drunk driving charge in Pennsylvania can either be a misdemeanor or felony. There is a significant difference in the potential legal penalties if you are found guilty, some of which may have lifelong effects. The level of charges you will face depends on the facts...
The Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the PA Constitution protect you from an unreasonable searches and seizures. For vehicle stops, this means that the police cannot just pull you over randomly. If they do, it may be considered an...
The U.S. Supreme Court has recently ruled (6-3) that state prisoners have no constitutional right to present new evidence in federal court to support claims they were inadequately represented at trial and on appeal in state courts. LISTENT TO NINA TOTENBERG’S...
Most people accused of a driving under the influence (DUI) offense in Pennsylvania get caught with alcohol in their bloodstream. However, driving under the influence includes drugged driving. The police can arrest someone for getting behind the wheel after consuming...
Mike Winters was recently elected to serve as Secretary of the PA Association of Criminal Defense Lawyers (PACDL). He has served on the PACDL Board of Directors since 2016 and is also the Editor at Large for the Association’s quarterly publication, For The Defense....
Young people get arrested for all manner of crimes and infractions, and there are a lot of different reasons why this happens. For instance, many parents are often shocked to find out that their child has been arrested and it turns out that the child was being...
The PA Commonwealth Court recently held that the possession of a medical marijuana card does not permit a driver to refuse to submit to a blood test requested by a police officer who has reasonable grounds to believe that the driver was driving under the influence of...
When the police arrest you, you will likely feel frightened and worried about your future. It is common for people to look for any sort of support or compassion that they can find in a stressful situation, and some police officers can be quick to take advantage of...
IS THE MERE ENCOUNTER A MERE FICTION? To any lawyer practicing criminal law in the Commonwealth of PA, it should not be news that courts are often asked to analyze interactions between law enforcement officers and citizens to determine whether the interaction resulted...
