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  ALL DUI CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN.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  With these charges Withdrawn, Defendant was now eligible for admission into the A.R.D. program on the previous (First) DUI case.