Wednesday, March 7, 2012

Commonwealth v. J.M. (Motion to Suppress) DUI/DAI/DWI

3/2/12

Commonwealth v. J.M. (Motion to Suppress)
Charge/Violation:

75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE - Misdemeanor

75 §3802 §§C - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE - Misdemeanor
75 §3361 §§A - DRIVING VEHICLE AT SAFE SPEED - Summary
Verdict: Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress, alleging that police did not have reasonable suspicion to stop the vehicle. This Motion was granted. The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse. ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

Friday, March 2, 2012

Motion to Suppress - DRIVING UNDER THE INFLUENCE (DUI/DWI/DAI)

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

Charge/Violation:

                        75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                                           CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3802 §§C -   DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                               CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3301 §§A -   DRIVING ON THE RIGHT SIDE OF ROADWAY - Summary



Case Facts:  Police initiate a traffic stop of Defendant's vehicle based upon their observation that the vehicle traveled with half its width into the opposite lane of travel.    Police pursued the vehicle, which was stopped at a red traffic signal, approximately one-half mile from the location where Police first observed the vehicle.

Verdict:  Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress  alleging that police did not have reasonable suspicion to stop the vehicle.  This Motion was granted.  The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse.  ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

Preliminary Hearing - Criminal Mischief

Commonwealth v. J.L. (Preliminary Hearing)


Charge/Violation:      18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Misdemeanor 2

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Summary

                                    18 § 3304 §§ A1 - CRIMINAL MISCHIEF - Summary



Disposition:  A Plea bargain was made at the Preliminary Hearing.  Defendant plead Guilty to 2 Criminal Mischief - Summary Offenses, and agreed to pay Restitution & costs.  In exchange for this Guilty Plea, the Criminal Mischief - Misdemeanor 2 was withdrawn.

Preliminary Hearing - Terroristic Threats, Impersonating Public Servant, etc.

Commonwealth v. J.L. (Preliminary Hearing)

Charge/Violation:      18 § 2706 §§ A3 - TERRORISTIC THREATS - Felony 3

                                    18 § 4912 - IMPERSONATING A PUBLIC SERVANT - Misdemeanor 2

                                    18 § 5503 §§ A4 - DISORDERLY CONDUCT - Summary

Disposition:  A Plea bargain was made at the Preliminary Hearing.  Defendant plead Guilty to a Summary- Disorderly Conduct, and agreed to pay the minimum fine.  In exchange for the Guilty Plea, all other charges, including the Felony 3 and Misdemeanor 2 were withdrawn.

Summary Trial - Speeding

Commonwealth v. K.H. (Summary Trial)
Charge/Violation:  75 §3362 §§A2-32 Exceeding 55 MPH by 32 MPH
Case Summary:  Defendant was stopped for exceeding the speed limit by 32 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).  In addition to this, Defendant already carried points on their license so any conviction adding points, could lead to a license suspension.
Disposition:  Defendant was not convicted of  75 §3362 §§A2-32 - Exceeding 55 MPH by 32 MPH, instead, Defendant entered a Guilty Plea to a lesser charge, 75 §3362 §§A2-5 Exceeding 55 MPH by 5 MPH, which carried no points and no license suspension.