DUI
Pennsylvania Drunk Driving Articles
Pennsylvania Supreme Court Rules on Unique DUI Defense
Man arrested for drunk driving twice in one night not considered a repeat offender.
The state high court issued a ruling stating that a man stopped for suspicion of driving under the influence in Pennsylvania twice on one night cannot be sentenced as a repeat offender.
The defendant was stopped for suspicion of impaired driving at around 11:45pm and booked for DUI in PA after registering a blood alcohol content of .16%. About 90 minutes after being released to the custody of his wife, the defendant was arrested for DUI a second time. His BAC at the time of the second traffic stop was .146%.
Prosecutors filed charges relevant to second offense DUI in Pennsylvania. The Supreme Court, however, found that the defendant must be convicted of the first violation before having elevated charges filed against him for a second offense.
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Pennsylvania Man Accidently Kills His Identical Twin Brother
PA DUI considered as alcohol was involved in parking accident.
Timothy Willgruber, 56, was trying to parallel park a minivan last Saturday afternoon when he killed his identical twin brother, Thomas. Thomas was outside the vehicle guiding his brother into a parking spot when Timothy apparently lost control and pinned him against an SUV. Thomas died later in the day after being taken to a hospital.
Bethlehem Police investigating the scene reported that Timothy Willgruber failed a field sobriety test. Police are considering charges, including driving under the influence in Pennsylvania.
Thomas Willgruber's wife called the incident a "freak accident" and was felt it was not the right time to worry about blame. The twins reportedly were best friends and spoke on a regular basis.
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New Technology to Fight Pennsylvania DUI
Lycoming County DUI Task Force adds tool to its efforts.
The efforts of law enforcement agencies to identify and apprehend motorists suspected of driving under the influence of alcohol in Pennsylvania have been effective, though tools to detect impairment from drugs have lagged. The Lycoming County DUI Task Force hopes that a new piece of equipment changes that.
A pupillometer is being deployed that allows an officer to test a PA DUI suspect for impairment from prescription, over the counter and illicit drugs. The hand-held device is meant to establish probable cause to continue a DUI investigation. It scans the pupils of a suspect and compares the readings to a database with over 3 million images of people known to have drugs in their system. The officer must have special training to operate the equipment and receive Drug Recognition Expert certification.
The pupillometer is said to be 97% accurate, though the efficiency drops for those over 50 years of age, under 16 and for women who are pregnant.
The device and an accompanying computer cost about $11,300. A highway safety grant from the Pennsylvania Department of Transportation paid for Lycoming County’s equipment. Two additional Pennsylvania DUI devices have been put into service in York and King of Prussia. A fourth is expected to be deployed soon in western Pennsylvania.
Statistics show 52,300 arrested for driving under the influence in PA during 2008. 9,000 of those were also charged with impairment from drugs and an estimated 60% of motorists arrested for DUI in Pennsylvania are multiple drug users.
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Number of Pursuits by Pennsylvania Police Drops
PA DUI is third most common reason for vehicle pursuits.
The Pennsylvania State Police Commissioner released statistics showing a drop in the number of police pursuits during 2008. A total of 1,809 pursuits were made last year, compared to 1,931 during 2007. Deaths resulting from a pursuit were also down, from thirteen in 2007 to nine in 2008.
The figures reflect actions undertaken by law enforcement agencies across the state. The most common reason for initiating a pursuit was a traffic violation, such as speeding (910 pursuits). Felony criminal charges (260), driving under the influence in Pennsylvania (239) and stolen vehicles (227) were the other most cited reasons. Of all the pursuits initiated, 1,301 resulted in apprehension.
According to state law, each law enforcement agency must have a written policy for vehicle pursuit, including when to initiate, continue or terminate a pursuit. Because of safety concerns, such information is considered confidential and not available to the public. A pursuit is defined as a motorist resisting apprehension by increasing speed or ignoring indications to stop.
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Record Number of Pennsylvania DUI Arrests in 2008
State troopers charge over 16,000 with drunk driving in PA.
State Police released arrest figures showing more than 16,156 motorists were charged with driving under the influence in Pennsylvania. That is the highest number in the department’s history and a 3% increase over the previous year’s total.
The increase in PA DUI arrests is attributed to police training and targeted enforcement. Specially trained Pennsylvania troopers utilized ‘Operation Nighthawk’ to search for drunk driving. The department has also expanded its drug recognition program to identify motorists operating under the influence of prescription or illegal drugs.
Despite the additional arrests, the number of alcohol related accidents was down 3% and the number of DUI related fatalities was down 9% from 2007.
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Man Claims Novel Pennsylvania DUI Defense
44-year old accused of drunk driving in Northampton County says he is his own country.
Scott Allan Witmer is accused of driving under the influence in Pennsylvania. In his defense, he filed paperwork claiming sovereignty and thus immunity from state laws. He told the court, “I live inside myself, not in Pennsylvania.” He added that there was no victim in the drunk driving offense and asked to go to trial.
A Northampton County judge said the 44-year old defendant cannot be released from jail until he undergoes a mental examination. A Pennsylvania DUI lawyer is on standby for a more conventional legal defense.
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'State Patty's Day' Event in Pennsylvania Generates 311 Calls to Police
Viral party begun by Penn State students leads to 14 PA DUI arrests.
An early St. Patrick's Day celebration started by Penn State students led to a spike in police calls, crime and drunk driving arrests in State College, Pennsylvania. Dubbed 'State Patty’s Day', the weekend party generated 311 calls to police, 79 criminal arrests, 21 alcohol overdoses, 31 noise citations and 14 arrests for driving under the influence in PA.
This is the third year for the event, which is primarily promoted through social networking web sites, such as Facebook. One organizer said he asked participants to "celebrate safely". This year’s event reportedly drew alumni and students from other schools besides Penn State. There were a total of 262 calls to police last year.
The demand for police stretched the city's services, leading many to criticize the focus and impact of the event. Some noted the use of ambulances to carry inebriated revelers, which left limited medical personnel for other types of emergency. A spokesperson with the State College police department said the scale of the event and potential danger to the public was evident by the number of arrests made for Pennsylvania DUI even with overworked manpower.
Campus and city law enforcement officers are hoping the crime rate decreases on the real St. Patrick's Day, now that the students have celebrated.
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OnStar Signal Leads to Pennsylvania DUI
Man arrested for drunk driving after GM device notified police of car trouble.
A 22-year old man from Stroudsburg has been charged with drunk driving in Pennsylvania after the OnStar system in his vehicle signaled car trouble. Paul W. Sinker III got his car stuck in the mud while he was turning around 1:00 am on New Year’s Day. The General Motors electronic safety, navigation and communications device alerted police to possible problems. The officers dispatched to the scene to investigate detected alcohol.
Sinker failed a field sobriety test and was arrested for suspicion of driving under the influence in Pennsylvania.
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Pennsylvania Sheriff Threatens Suit to Keep DUI Centers Open
Montgomery County sheriff concerned about budget cuts that may close centers that process suspected drunk drivers.
Pennsylvania sheriff John Durante threatened legal action to keep county commissioners from closing five PA DUI centers. The facilities conduct blood testing on motorists suspected of driving under the influence in Montgomery County Pennsylvania. The sheriff said closing the centers would put “public safety at risk”.
County Commissioners have responded by saying that no formal action has been taken and the final budget will not be passed until December 22. They were also adamant that no drunks would be released onto the streets. The first draft of the $482 million county budget for 2009 calls for no tax increase and a trimming of expenditures. Shutting the DUI centers would save the county $300,000. The centers are currently funded from the county’s general fund. $150 from each fee paid into an accelerated rehabilitative disposition program for Montgomery County drunk driving helps offset the costs.
The first DUI center was established eleven years ago, aimed at expediting the blood alcohol testing and processing of a suspected drunk driver so an officer could return to patrol more rapidly. The centers however are not open 24/7 and they are underutilized by all law enforcement agencies. Municipal police departments are allowed access to the facilities but typically take suspects to hospitals for blood draw instead. More than 1600 Pennsylvania DUI arrests have been made in Montgomery County during the 20 months between February 2007 and August 2008, though it is not known how many went through the special DUI centers.
All sides of the issue have expressed interest in determining what best serves the community. That must, however, cover both public safety and fiscal responsibility.
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The Nittany Lion is Busted for DUI in Pennsylvania
Mascot stopped for traffic infraction then charged with drunk driving.
James Sheep, the student cheerleader who dons the Nittany Lion costume for Penn State events, was arrested for driving under the influence in Pennsylvania last Saturday. Sheep was initially stopped by State College police around 3:15 in the morning for having too many people in his vehicle. In fact the passengers were oiled on top of each other, blocking the driver's view. Sheep submitted to field sobriety tests and was taken to a hospital to draw blood for a blood-alcohol test. He was later charged with PA DUI.
Sheep attends more than 300 events a year as the mascot. He earned the job in January 2007 by doing 50 one-armed push-ups. Sheep, who is a senior at Penn State, is required to maintain a 3.0 grade point average as part of a scholarship deal.
Some disciplinary action is expected be taken though the Office of Judicial Affairs has not said whether the DUI arrest will impact Sheep's ability to don the costume for Penn State's appearance at the Rose Bowl.
'The Nittany Lion' is not the first mascot to get into trouble. Stanford's 'Tree' was charged with public intoxication, Miami's 'Sebastian the Ibis' was arrested with an extinguisher in the stadium just before an attempt to extinguish the Florida State mascot's flaming spear, and Wisconsin's 'Bucky' was busted for not wearing pants while walking down the streets of Madison.
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