Fred’s Blog take on the Commonwealth not being able to rely solely on hearsay in order to establish a prima facie case at a preliminary hearing. Continue reading
Author Archives: AJM
Commonwealth Cannot Solely Rely on the Implied Consent Statute to Justify Blood Testing
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Fred’s Blog take on the Commonwealth not being able to solely rely on the implied consent statute to justify blood testing in order to establish impairment for purposes of a DUI prosecution. Continue reading
ARD Does Not Constitute a Conviction for Sentencing Purposes
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Fred’s Blog take on the Superior Court hold that prior acceptance of ARD does not constitute a conviction for sentencing purposes if an individual is again arrested and subsequently convicted for driving under the influence. Continue reading
Commonwealth Failed to Establish a Prima Facie Case of Elevated Blood Alcohol Level Within Two Hours After Driving
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Fred’s Blog take on the Commonwealth failing to establish a prima facie case of elevated blood alcohol level was 0.16 percent or greater within two hours after driving. Continue reading
PA Supreme Court Addresses Whether a Reasonable Person Should Feel Free to Ignore Police Presence
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Fred’s Blog take on the Pennsylvania Supreme Court addressing the question of whether a reasonable person should feel free to ignore police presence when being questioned by police after an officer takes and holds his identification and conducts a warrant check. Continue reading
Trial Court Errs Suppressing Evidence Obtained After Search Warrant Expiration
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Fred’s Blog take on the Pennsylvania Superior Court concluding that trial court erred in failing to suppress evidence obtained after a search warrant had expired. Continue reading
Superior Court Vacates a Conviction Based on the Denial of a Motion to Suppress Evidence
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Fred’s Blog take on the Pennsylvania Superior Court vacating a conviction based on the denial of a Motion to Suppress evidence. Continue reading
Expedited Review Program for Non-Violent Marijuana-Specific Convictions
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Fred’s Blog take on the Pennsylvania Board of Pardons (BOP) and it’s decision to establish an expedited review program for non-violent marijuana-specific convictions. Continue reading
Commonwealth v. Taylor
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Fred’s Blog take on Commonwealth v. Taylor and the Superior Court’s reversal to convict for driving under the influence and endangering the welfare of a child. Continue reading
PA Law Ending License Suspensions for Non-Driving Offenses Takes Effect
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Fred’s Blog take on ending the practice of suspending driver’s licenses for those convicted of certain non-highway safety violations. Continue reading