About two years ago we told you about a company who was trying to design a “texting radar” device that would allow police to detect when someone was sending a text message while driving. While that technology doesn’t appear to have progressed due to some fairly obvious problems, law enforcement is now looking at ways to access cell phone information …
What You Should Know About Field Sobriety Tests
“You know, you weren’t required to take the field sobriety tests.” We can’t tell you how many times we’ve said these words to clients who have come to us looking for representation in DUI cases. Inevitably, this statement elicits surprise from the client, followed by one of two statements, “The officer didn’t give me the option,” or “I thought if …
Pennsylvania Broadens Expungement Law
We often receive calls from people looking to have their record expunged. Typically, the conviction is for a relatively minor misdemeanor from their college or young adult years. The conviction comes up whenever a background check has been done and, at best, causes them considerable embarrassment. At worst, it gives a potential employer a reason not to extend a job …
“No Contact” Includes Facebook
A recent case out of Bloomsburg demonstrates that when someone tells you not to contact them in any way, shape, or form, the law can back them up. The mother of a Bloomsburg University student was recently convicted of harassment for tagging her daughter in a Facebook post after the daughter obtained a Protection From Abuse order against the mother. …
No Mandatory Life Sentences for Juveniles (We’re Looking at You, Pennsylvania)
An issue that we first wrote about back in June of 2012 has reappeared in the news recently. In Montgomery v. Louisiana, the U.S. Supreme Court has held that its decision in Miller v. Alabama, which outlawed mandatory life sentences for juvenile offenders, has retroactive effect. What does this mean? Simply put, it means that all juvenile lifers are now …
Q & A: What is this surcharge on my traffic ticket?
Many people who receive traffic tickets call and ask what the “surcharge” box on the ticket means. Some suspect it has to do with the officer’s evaluation of the driver’s demeanor and helpfulness during the stop, a “jerk tax” if you will. Others think the excess charge is how municipalities make money off of traffic enforcement. In actuality, the surcharge …
PA Strengthens DUI Penalties
Recently, the Pennsylvania General Assembly again modified the DUI law to strengthen penalties for repeat offenders. You can view the text of the bill here. This bill accomplishes two things that we’ve addressed in prior postings. One is closing the Musau loophole, which allowed folks who refused chemical testing on their second DUI to receive no more than a six-month maximum …
Texting Radar?
A Virginia company is developing a radar gun-like system that would allow police to detect whether drivers are sending text messages while the car is in motion. The article doesn’t mention anything about similar technology coming to Pennsylvania, but don’t be surprised if it does. Pennsylvania’s cell phone use laws are similar to Virginia’s in that texting is prohibited, but …
More Changes to PA’s DUI penalties?
Per the Philadelphia Inquirer, the state Senate may be proposing changes to Pennsylvania’s DUI laws that would stiffen penalties across the board. Notably, these changes could include the immediate suspension of a driver’s license if the driver fails a field sobriety test and the imposition of ignition interlock devices for first-time offenders. It looks like the Senate may also try …