by Glori Gayster
“Zero-Tolerance” for Cannabis in Pennsylvania DUI Offenses May Soon End
State Senator Proposes Bill To Remove DUI Penalties for Registered MMJ Patients Without Proof of Impairment – Despite the legalization of medical marijuana (MMJ), the Commonwealth of Pennsylvania still has a “zero-tolerance” statute.
by Glori Gayster
New Jersey Takes Another Step in Safeguarding Against DWI
Governor Phil Murphy expands the use of ignition interlock devices to further deter driving under the influence. Late this summer, the State of New Jersey enacted several new laws in its on-going efforts to prevent DWI. This includes requiring an ignition interlock device installation for first time offenders convicted of drunk driving offenses and those refusing breath tests....
by Glori Gayster
Strict Limits Put On Prosecution of Cannabis DUI in Philadelphia
District Attorney Larry Krasner deviates from other Commonwealth prosecutors with one word – “No.” In a departure from the consensus of the Pennsylvania District Attorneys Association, Philadelphia D.A. Larry Krasner has stated, on the record, that his office will strictly limit the prosecution of cannabis-based driving under the influence (DUI) cases. Specifically, only those instances in...
by Marc Neff
New DUI Penalties in Pennsylvania
The Commonwealth gets tough on repeat offenders The new year brings tougher laws and penalties for those with multiple driving under the influence (DUI) convictions in Pennsylvania. Just before the holidays, the Commonwealth joined the majority of states across the U.S. that consider multiple DUIs as felonies and enacted legislation that increases the penalties for repeat DUI offenders and...
by Marc Neff
The SCOTUS recently addressed several issues that will impact blood alcohol testing in Pennsylvania Birchfield v. North Dakota, 579 U.S. ___ (2016)
This decision consolidates three appeals dealing with petitioners’ refusal to take a blood alcohol concentration (BAC) test, either via breathalyzer or drawn blood. Case 1: A North Dakota state trooper arrested Birchfield for driving while impaired. He told Birchfield that refusing to take a blood test would expose him to criminal penalties. Birchfield refused and was convicted. On appeal to...
by Marc Neff
Arizona’s Highest Court Resolves Questions regarding DUI Convictions of Medical Marijuana Users (Dobson v. McClennen, 238 Ariz. 389 (2015))
The two petitioners were each charged with and convicted of two counts of driving under the influence: first, driving while impaired to the slightest degree under ARS Sec. 28-1381(A)(1); and second, driving while any amount of an impermissible drug or its metabolite is in the body under ARS Sec. 28-1381(A)(3) (emphasis added). Arizona’s DUI laws identify these as separate offenses. The trial...
by Marc Neff