The Ferguson and Shifflet decisions are very different. The Commonwealth v. Shifflett case focused in on Due Process and the Ferguson v. Penndot case focused on the administrative police powers of an agency within the Commonwealth-PennDOT.
If you’re stopped for suspicion of a DUI/DWI in Pennsylvania or New Jersey, a police officer or state trooper will likely ask for you to submit to a field sobriety test.
Recently, the Pennsylvania Supreme Court issued a ruling that will directly affect those in the ARD program in the Commonwealth of Pennsylvania who are arrested and charged with a second drunk driving offense.
Saint Patrick’s Day is tomorrow but many will be celebrate it this weekend with parades, events at bars and other local establishments! Most, if not all, of these events will involve alcohol. Whether you are going out to an event at a bar or simply staying home to host a smaller gathering of friends, please do it responsibly!
Pennsylvania, like New Jersey, considers anything other than an unqualified, unequivocal assent to the officer’s request as a refusal. The operation of a motor vehicle in Pennsylvania is a privilege subject to conditions
The police officers allegedly observed that Cutler was slurring his words and smelled the odor of alcohol on his breath following an accident investigation. The officers asked Cutler to take field sobriety test but he refused.
While New Jersey and Pennsylvania are now more flexible on drunk drivers offenders, both states maintain zero tolerance for underage drunk driving.
Over the years, States have recognized that drunk driving does is an obvious public safety problem but that persons arrested, charged and convicted of it for should be granted some leniency which will still allow them to maintain employment and support their families.
While this incident did not occur in Pennsylvania or New Jersey, it still presents an opportunity to explain drunk driving charges involving death or serious bodily injury and consequences of them. These are serious criminal charges! If you or a loved one is charged with drunk driving, contact a criminal defense lawyer today!
While it is our sincere hope that you and your family will enjoy this and all Summer holidays without an issue, as I have stated a countless number of times, a drunk driving charge can happen to anyone regardless of their station in life.
