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Pro Wrestler Not Guilty of Pennsylvania DUI

Kurt Angle arrested last year on suspicion of drunk driving in Pittsburgh.

Kurt Angle, a professional wrestler and Olympic gold medalist, has been found not guilty of driving under the influence in Pittsburgh. The Alleghany County judge handed down the ruling after a non-jury trial.

Last September Angle was charged with suspicion of Pennsylvania DUI in suburban Pittsburgh. A motorist claimed that Angle had cut her off while exiting a bar parking lot. Moon Township officers later located Angle at his home, where he said he had consumed a few beers.

Angle’s Pennsylvania DUI defense lawyer successfully argued that police could not place Angle in his vehicle at a specific time.

If you have been charged with DUI in Alleghany County, PA you need to hire a Pennsylvania DUI attorney.

Posted Thursday, September 11, 2008
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Man Jailed for Pennsylvania DUI on Bike

Drunk driving in Montgomery County filed after accident on bicycle.

Jeffrey Burke was sentenced to 15 consecutive weekends in jail following a charge of driving under the influence in Montgomery County Pennsylvania. He was riding a bicycle at the time of his arrest.

Burke had attended a fireworks display on July 4th, 2007 in Narbeth, PA. As he cycled away from the festivities, he was involved in an accident with a car. Police responding to the scene determined that Burke had a blood alcohol level twice the legal limit for intoxication, and he was booked for drunk driving in Pennsylvania.

In handing down the sentence, the Montgomery County judge may have been influenced by the fact that Burke skipped his court hearing, thinking there was no offense of DUI while bicycling.

Do you need to hire a Montgomery County, PA DUI Lawyer?

Posted Thursday, July 17, 2008
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County Has Been Misallocating Funds from Pennsylvania DUI

Schuykill has been breaking state law with PA DUI fees and fines.

It has been learned that fees collected for an arrest for driving under the influence in Schuykill County, Pennsylvania have not been transferred to the appropriate accounts. The error means that the county has been breaking state law since 1999.

The law stipulates that when state police are involved in an arrest for Pennsylvania DUI, the Commonwealth gives half of the fees and fines collected to the county where the arrest occurred. That money is to be equally split between the county prison system and the county drug and alcohol program.

Schuykill County however has been placing the monies in a general use fund, and not delivering them to the prisons or the rehabilitation program. The amount misallocated is estimated to be nearly $200,000.

County officials expressed confusion, with several using the excuse that they were new to office and did not know about the law. The county commissioner’s chairwoman thought the issue had been resolved last year. A full accounting is now under way to determine how much of the general fund surplus should be transferred to the appropriate accounts. Resolution is hoped for in time for the commissioners’ June 4 meeting.

If you were arrested for DUI in Pennsylvania, you need a Pennsylvania DUI Lawyer.

Posted Thursday, June 12, 2008
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Police Rack Up Record Pennsylvania DUI Arrests

There were over 15,000 arrests for drunk driving in Pennsylvania last year.

Recently released statistics show that last year state troopers arrested 15,583 motorists on suspicion of driving under the influence in Pennsylvania. That is a three percent increase in DUI arrests.

During 2006 troopers investigated 4,775 vehicular accidents involving alcohol, an increase of 1%. According to the Pennsylvania highway department, deaths from alcohol related crashes dropped from 544 to 525.

A state police commissioner said that improved recognition of driving while impaired by illegal or prescription drugs has played a key role in the figures.

Arrested for DUI in Pennsylvania? Contact a Pennsylvania DUI attorney.

Posted Wednesday, May 07, 2008
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Lebanon County, PA Buys DUI Bracelets

County authorizes purchase of alcohol detecting bracelets for Pennsylvania DUI offenders.

Motorists convicted of drunk driving in Lebanon County, Pennsylvania will soon have to adjust to a new probation condition. County commissioners approved the purchase of five alcohol detecting ankle bracelets.

Depending on the details of the case, PA driving under the influence defendants may be required to attend alcohol abuse treatment and forgo alcohol as a condition of probation. The special bracelets monitor alcohol emitted through the skin and wearers must log in regularly with a control center. The results of the monitoring are relayed to probation officers. If alcohol is detected, the wearer faces revocation of probation and jail.

The bracelet purchase is being made with funds from a Pennsylvania Department of Transportation grant aimed at helping the Lebanon County DUI court. The commissioners said they may order as many as 25 additional monitoring devices, at a cost of $1,500 each.

Currently Dauphin, Cumberland, Perry, York and Lancaster counties have the option of using the alcohol detecting bracelets after Pennsylvania DUI offenses.

Are you looking for a Lebanon County, Pennsylvania DUI Lawyer?

Posted Friday, April 04, 2008
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Pennsylvania DUI Legislation Raises National Concerns

Use of ignition interlock device for all PA DUI offenders, regardless of blood alcohol content, displays draconian approach to drunk driving.

The Pennsylvania state legislature is considering a law that would require judges to mandate ignition interlock devices for all motorists charged with drinking and driving. The issue raises questions about the focus of the national anti-drunk driving campaign.

The average motorist driving under the influence who causes a fatal accident has a blood-alcohol content more than twice the legal threshold for intoxication. They display slurred speech and an obvious lack of coordination. That is the image that many people hold when they hear about drinking and driving.

The reality is that many law enforcement agencies across the United States now profess a zero tolerance for any alcohol. Motorists who have engaged in responsible social drinking and show no signs of impairment have become subject to arrest for the presence of any alcohol. Arrests for drinking and driving have become common even when a breath test reveals a BAC below .08%. There have even been instances of individuals being charged with DUI when they are completely sober because they were not able to complete an arcane field sobriety test.

Driving Under the Influence is a serious offense, and chronic drunk drivers with high BAC levels warrant aggressive pursuit and prosecution. To provide a larger context however, a growing number of motorists charged with DUI were not legally drunk and statistics show that the majority of all stopped for drunk driving are never arrested again.

Applying a single response to a complex issue, such as ignition interlock devices for all charged with driving under the influence, indicates the focus has moved from an anti-drunk driving campaign to one of anti-drinking.

For a succinct article on the issue of drunk driving and the pending Pennsylvania ignition interlock legislation, please read the article by the director of the American Beverage Institute at this link.

The full story can be found at http://www.philly.com/dailynews/opinion/20080331_Will_cars_regulate_our_drinks_.html.

If you have been arrested drunk driving in Pennsylvania you will need to hire a PA DUI attorney.

Posted Monday, March 31, 2008
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Drunk Pilot Loses Appeal in Pennsylvania

State Supreme Court upholds conviction for intoxicated flying

The Pennsylvania High Court said that a pilot who flew while intoxicated will have to serve an 6 to 23 month jail term imposed by a lower court.

During an April 2006 trial, prosecutors said John V. Salamone ‘risked a catastrophe’ when he piloted his plane near the cooling towers of a nuclear power plant, through restricted airspace and across runways at Philadelphia International Airport without control tower communication. When Salamone was finally forced to land after a four-hour flight, his blood alcohol content was nearly twice the legal limit for driving under the influence.

A defense attorney tried to argue that there was no imminent danger even though evidence showed that at least six jet and multi-engine aircraft had to be diverted by air traffic controllers to avoid mid-air collisions with Salamone's single-engine plane. Plus there was the potential of widespread damage from a nuclear disaster.

Salamone's private pilot’s license was suspended by the Federal Aviation Administration. His commercial pilot’s license was revoked and he later surrendered his FAA medical certificate which is required by all pilots.

In a twist however, a charge of Pennsylvania DUI was dismissed as it was determined there is no state law against operating an airplane while intoxicated. State lawmakers are now considering such legislation.

Posted Wednesday, July 18, 2007
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Pennsylvania Legislature Considers Controversial DUI Bill

Bill would require ignition interlock devices in every car in the state

A Pennsylvania State House member has introduced legislation that would require an ignition interlock device be installed on all cars manufactured for sale in the state, starting December 31, 2008. In addition, vehicle owners would be required to install such a device on all existing cars by the end of 2009.

The bill has been roundly criticized for its expense, its manipulation of Pennsylvania DUI statistics and for its failure to acknowledge that it is not illegal to drive after drinking responsibly.

The author of the bill introduced it to the House Committee on Transportation based on stories he had heard about college binge drinking and figures he had read on the number of alcohol related deaths in the state. The anti-drunk driving organization, Mothers Against Drunk Driving, states that Pennsylvania has the fourth highest number of alcohol related fatalities in the nation, though the ranking drops to 23rd when one factors in population.

The bill’s author was apparently unaware of the cost of ignition interlock systems, which would be paid for by vehicle owners. When told the cost would range between $700 and $1,200, he acted surprised and indicated that he might be more willing to accept amendments to his proposed legislation.

Organizations like the American Beverage Institute, which promotes “responsible consumption of adult beverages,” have spoken out against the bill as being over-reaching. The law would require an interlock device even if the vehicle owner did not drink. Typically ignition interlock devices are calibrated to disable a vehicle when .025% blood-alcohol content is detected. That level could be reached by a 170-pound male after consuming two beers in one hour. Pennsylvania law establishes .08% BAC as the threshold for being legally intoxicated.

Opponents feel that lawmakers are responding to pressure being put on them by organizations like MADD and by auto manufacturers. Several manufacturers, including Toyota and Volvo, are currently researching ignition interlock devices with an interest in making the systems part of their vehicle fleet.

Even other Pennsylvania State Legislators have expressed reservations about the bill, citing the expense and certain requirements. The author responded by hoping the bill initiates hearings on drunk driving and alcoholism.

A similar bill, that limits the scope to commercial vehicles like trucks and buses, is being debated in the New York State Legislature.

Posted Friday, March 30, 2007
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Pennsylvania Signs Asks Motorists to Identify DUI Drivers

Sign boards instruct those who witness possible drunk driving to call 911

Pennsylvania State Police are hoping that two illuminated signs will reduce the number of drunk drivers on the highway. The signs were erected by the Pennsylvania Department of Transportation and the message board asks motorists to ‘Report DUI Drivers, Call 911.’

“If you witness a motorist displaying obvious traits of intoxication or impaired driving, do not hesitate to call 911 and report the driver,” said state police Capt. Robert Lizik.

Motorists are instructed not to try to stop a vehicle with a suspected driver under the influence, nor follow the vehicle. They are asked to provide location, direction of travel, a description of the driver’s actions and a license plate number if possible. Callers will be required to provide their name and cell phone number.

The signs are located on rural highways in Armstrong County, northeast of Pittsburgh. A state police computer program that analyzes accident frequencies and projects potential accident sites was used to select the sign locations. If the concept produces results, PennDOT will consider expanding the campaign statewide.

Myrtle Beach, South Carolina has used similar signs for nearly ten years. Local police say that the message boards constantly provide
leads that are quickly pursued.

About one third of all people killed in automobile accidents in Pennsylvania involved alcohol. Local and
state police hope the simple idea of asking motorists to help identify potential drunk drivers will make a difference.

Stephen Erni of the DUI Association in Pennsylvania said, “We want all citizens to get home safely.”

Posted Saturday, November 04, 2006
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Pennsylvania DUI Law Under Court Challenge

Recent changes lead to concerns about defendant’s constitutional rights

The State of Pennsylvania has a ‘first offenders’ program titled ARD, which stands for Accelerated Rehabilitative Disposition. The goal of the program is to keep certain first time offenders, such as those charged with DUI, from entering the criminal justice system. When an offender enters the program, the state suspends the charges. There is no admission of guilt and should the offender successfully complete all conditions of the ARD program, the charges are dismissed and the original arrest record can be expunged.

The mandated prohibition period under the ARD program was previously seven years. If someone was charged with a DUI in Pennsylvania, entered the ARD program and managed to not be arrested again for DUI within seven years, their record would be clean.

Having a clean record has a huge impact on how a subsequent DUI arrest would be handled. Because the original charges are only suspended under ARD, a second arrest within seven years would re-enact the first charge leading to two strikes. After seven years in ARD though, another DUI arrest would only be a first strike.

Then the Pennsylvania legislature extended from seven years to ten years the period of time that prosecutors can look backward for previous offenses. Despite warnings from DUI defense attorneys of potential problems, the new law went into effect in February 2004.
 
As predicted, a number of defendants are now challenging the constitutionality of the new law.

The basis of the complaints pertains to the changed ‘look back’ period for prior arrests. One defendant, Dean Pleger, was arrested for DUI in 1994 and he entered the ARD program in 1996. He understood that if he were to be arrested for DUI within seven years, his first arrest would come back into consideration. He successfully completed the requirements of the ARD program in 2003 and the 1996 charge was expunged from his record.

That should have meant that any subsequent arrest for DUI would be treated as a first offense.

Then Pleger was arrested again for DUI in 2004. It was after the Pennsylvania laws had changed and prosecutors were allowed to look back ten years for previous offenses. Pleger’s second DUI occurred more than seven years but less than 10 years after his first arrest and he was sentenced as a second offender under the new law.

His DUI defense attorney claimed that the new law violated Pleger’s due process rights. The county court agreed and Pleger’s sentence was altered.

"(Pleger's) constitutional rights are violated because the commonwealth changed the terms surrounding the ARD agreement," states the opinion of court that was signed by Judge H. William White. Pleger upheld his part of the agreement when he accepted ARD and relied on the commonwealth to fulfill its part, according to the court order.

The matter is now before the Pennsylvania Superior Court.
Posted Saturday, September 23, 2006
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