Friday, May 25, 2012

Commonwealth v. L.K. (DUI - 2nd Offense)


5/18/12

Commonwealth v. L.K. (Motion to Suppress)

Charge/Violation:
                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor
                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor
                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor
                        75 §3802 §§A1 – DUI: Gen Imp/Inc of Driving Safely  - Misdemeanor
  75 §3301 §§D2 – DUI: Controlled Substance – Impaired Ability –                                                                                                        Misdemeanor
  75 §3714 §§A – Careless Driving – Summary
  75 §3802 §§A1 – Reckless Driving – Summary

Case Facts:  Police arrive at the scene of a motor vehicle accident in Allegheny County, Pennsylvania, and observe Defendant in an ambulance.  Defendant was transported to the hospital where asked to submit to a blood draw, which was refused.  Upon being released from the hospital, Defendant was immediately arrested for Driving Under the Influence, transported to the police station and administered the Field Sobriety Tests.  Defendant, already having an active DUI case, faced penalties for a Second Offense, in addition to a 1 year license suspension if found guilty. 

Verdict:  Attorney Paletta presented a Motion to Suppress, alleging that the arrest of Defendant was made without a warrant, Probable Cause or exigent circumstances. The Judge GRANTED Attorney Paletta’s Motion to Suppress with respect to all DUI charges.  The Commonwealth filed a Petition for Partial Nolle Prosse.  ALL DUI CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN. DEFENDANT PLEAD GUILTY TO THE CARELESS DRIVING – SUMMARY OFFENSE.  With these charges Withdrawn, Defendant was now eligible for admission into the A.R.D. program on the previous (First) DUI case.

Friday, May 18, 2012

Commonwealth v. D.D. (Speeding-School Zone)


5/8/12

Commonwealth v. D.D. (Summary Trial)

Charge/Violation:  75 §3365 §§B - SPEEDING IN SCHOOL ZONE

Disposition:  
Defendant accepted a Plea Bargain to violating § 3111 - Obedience to traffic-control devices, which carried no points.  In exchange, the violation at §3365§§B was Withdrawn.            

Commonwealth v. D.H. (Traffic Violation)


4/17/12

Commonwealth v. D.H. (Summary Trial)

Charge/Violation:  75 §3331 §§A - IMPROPER RIGHT TURN

Disposition:  

                        ALL CHARGES AGAINST DEFENDANT WERE WITHDRAWN

Commonwealth v. S.K. (DRUG CHARGES)


4/12/12

Commonwealth v. S.K. (Preliminary Hearing)

Charge/Violation:      35§ 780-113 §§ A31 - PROHIBITED ACTS - Misdemeanor

                                    35§ 780-113 §§ A32 - PROHIBITED ACTS - Misdemeanor

                                    75§ 3112 §§ A3l - TRAFFIC CONTROL SIGNS - Summary

Disposition:  
                        ALL CHARGES AGAINST DEFENDANT WERE WITHDRAWN/DISMISSED

Commonwealth v. K.M. (Speeding)


4/9/12

Commonwealth v. K.M. (Summary Trial)

Charge/Violation:  75 §3362 §§A3-31 Exceeding Speed Limit by 31 MPH

Case Summary:  Defendant was stopped for exceeding the speed limit by 31 miles per hour, which if convicted, would carry 5 points to their Driver's License in addition to a Departmental Hearing and Sanctions provided under Section 1538(d). 

Disposition:  Defendant entered a Guilty Plea to a lesser charge, 75 §3362 §§A3-5 Exceeding speed limit by 5 MPH, which carried a lesser fine and no points.

Commonwealth v. D.G. (Burglary-Felony3)


3/29/12

Commonwealth v. D.G. (Preliminary Hearing)

Charge/Violation:      18 § 3502 §§ C1 - BURGLARY - Felony 3

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Misdemeanor 3

                                   
Disposition:  

            At the conclusion of the Preliminary Hearing, the Prosecution was Withdrawn.  All charges against Defendant were Withdrawn/Dismissed.

Commonwealth v. W.E. DUI/DWI/DAI


3/16/12
DUI/DWI/DAI
Commonwealth v. W.E. (Preliminary Hearing)

Charge/Violation:

75 §3731 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL - Misdemeanor 2
75 §3731 §§A4I - ADULT DR W/BL ALCH. LEVEL .10%+ 1st Offense -                                                                                                                                        Misdemeanor
75 §1786 §§F -   OPER VEH W/O REQ'D FINANC. RESPONS. - Summary
75 §1501 §§A -  DRIVING W/O A LICENSE - Summary
75 §3308 §§B - DRIVE WRONG WAY - Summary



Case Summary:       

A Criminal Complaint was filed against Defendant in 2000.  On the day of the initial Preliminary Hearing, Defendant was told by the court that the Preliminary Hearing would be rescheduled and that they would send out a Notice of new Preliminary Hearing date.

Charges were filed against Defendant on an unrelated matter in 2012.  At the Arraignment of the 2012 charges, (approximately twelve years after the Criminal Complaint was filed in 2000) Defendant was notified that a Bench Warrant existed for failing to appear on an active/pending 2000 case.  Defendant presented himself in front of the issuing authority for the 2000 charges and a Preliminary Hearing date was scheduled.  . 



Disposition:              

                        ALL CHARGES AGAINST DEFENDANT WERE DISMISSED