For a long time, the legal limit for DUI in most states was a BAC of .10. By 2004, every state had lowered its DUI threshold to .08. Now, the National Transportation Safety Board is recommending that all states lower their BAC thresholds to .05. Not surprisingly, bar...
Month: May 2013
“Just Holding it for a Friend” is a Confession, Not a Defense
It's a line right out of an old "ABC After School Special," or from a "very special episode" of an otherwise cheesy sitcom of yore. "But I was just holding it for a friend," mouthed with a certain inflected tone and accompanying body language, expressing both...
State College Woman Skips DUI Sentencing, Gets Second DUI Same Day
Not all DUIs are created equally. A 35 year old State College woman's recent misfortune provides a tutorial on just about every conceivable aggravating factor, which can be associated with a DUI, short of homicide while DUI or aggravated assault while DUI. The...
Will Marijuana Legalization Squeeze Out the Little Guy?
Marijuana legalization, or more correctly stated, re-legalization, appears to be inevitable, due to simple demographic math. Each year, more supporters of legal marijuana reach voting age, while more aging prohibitionists die off. A 2013 Pew Research Center Poll...
Drug-Related Texts and Phone Calls are a Crime
Everyone knows that it is illegal to sell drugs like marijuana, cocaine and heroin, but most people are unaware that under the Pennsylvania Crimes Code, using a cell phone or email to set up a drug deal constitutes a separate and distinct criminal offense, aside from...
Should Pennsylvania Give “Terroristic Threats” a New Name?
"Terroristic Threats" is such a common offense in Pennsylvania, that pretty much everyone in the Commonwealth has heard of this crime, and most Pennsylvanians have a pretty good idea of what it entails. Pursuant to 18 Pa.C.S.A. § 2706(a)(1), terroristic threats...
Juniata County Man Tried to Avoid DUI by Swimming Away
The Pennsylvania State Police allege that a Mifflintown was involved in an April 26, 2013, DUI accident in Juniata County. This would be a fairly unremarkable event, but for what happened after the accident. The State Police allege that the defendant tried to flee...
What is a Status Based Aggravated Assault?
In Pennsylvania, assaults are divided into two major categories: aggravated assault and simple assault. Generally, simple assault entails infliction of bodily injury, while aggravated assault entails either inflicting or attempting to inflict serious bodily injury....
Pennsylvania Underage Drinking Laws Need Drastic Overhaul with “Drinking License”
As a criminal defense attorney in State College, PA, I have represented countless students from Penn State, Lock Haven and other schools in underage drinking cases. With underage drinking citations in a college town as widespread as the common cold, I cannot help but...
York County Girl Avoids False Reports to Law Enforcement Charge
A 15 year old girl will avoid being charged with "false reports to law enforcement," despite her fabricated report of an attack by four unknown teenage boys on April 9, 2013, in Manchester, York County. The girl reported to Northeastern Regional Police that these...