In Comm. v. Ennels, the Pennsylvania Superior Court Held Consent To A Blood Test Cannot Lawfully Be Based On The Threat Of Enhanced Criminal Penalties

The Pennsylvania Superior Court recently decided the case of Commonwealth v. Ennels, which held that the DL-26 form, a Pennsylvania Department of Transportation form used by the police to advise drivers suspected of driving under the influence of Pennsylvania’s...

Criminal Lawyer Update: Consent to Search Invalidated Because of Police Conduct

The Pennsylvania Superior Court in Commonwealth v. Moyer, 2008 Pa. Super. 173 (2008), holds a consent to search person and car vitiated as involuntary due to coercive circumstances. The relevant facts of the case are as follows: Two state troopers noticed the...

Criminal Lawyer Update: There’s No Doubt About It, Homicide by DUI Requires a Sentence of at Least Three to Six Years for Each Victim

The Pennsylvania General Assembly has spoken, and the Homicide by DUI Law requires a consecutive sentence of three to six years of incarceration for each victim of homicide by DUI. In Commonwealth v. Stemple, 2008 Pa. Super. 1 (2008), the Pennsylvania Superior Court...