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  ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN

REFUSING SOBRIETY TESTS

Refusing Physical Sobriety Tests in Pittsburgh

What are the consequences if I refuse to perform sobriety tests?

Even though these exercises are said to be free and voluntary, your refusal to perform them might be used as evidence against you showing an awareness of guilt.
The Pennsylvania Supreme Court has indicated that police officers are not required to give Miranda warnings or information about the Fifth Amendment right against self-incrimination prior to requesting a field sobriety test.


http://www.pittsburghcriminallawfirm.com/