Commonwealth v. J.F. (D.U.I.)

Commonwealth v. J.F. (D.U.I.) 

Case Facts:

According to the Affidavit of Probable Cause, police observed Client in his vehicle leaving Shenanigans Bar heading North on Babcock Blvd.  Police claim Client's vehicle swerved numerous times and changed lanes without proper signaling.  Police initiate a traffic stop, conduct field sobriety tests and transport Client to UPMC Passavant for blood testing.  Client was charged with Driving Under the Influence of Alcohol/Controlled Substance.

Disposition:

Client was accepted into the Allegheny County A.R.D. Program.  Conditions of A.R.D. included 6 months non reporting probation, safe driving classes and a 30 day license suspension.  

Following the completion of the A.R.D. program, Client's record will be expunged.

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  ALL DUI CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN.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.

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

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