The Philadelphia DUI Law Blog

DUI Cases in Philadelphia

DUI cases generally follow the same procedure. After a person is arrested for suspicion of driving under the influence (DUI) of alcohol or drugs, he or she is usually booked, placed into a holding cell at a local jail, and then released after posting bail. Similar to other criminal proceedings, the DUI case begins with an arraignment where the defendant states his or her plea to the charges. If the defendant pleads not guilty, a DUI attorney will have the opportunity to defend the client at trial. If a defendant pleads guilty, a judge will determine the type of punishment at the sentencing hearing.

A Philadelphia DUI attorney can help guide you through this sometimes complicated process and develop a defense strategy if you decide to plead not guilty. You can find a Philadelphia DUI attorney by looking through FindLaw’s directory.


Recently in DUI Cases in Philadelphia:

Former Cop William Haviland Beats DUI Charge w/o BAC

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Former Philadelphia cop William Haviland was arrested for a DUI after leaving a Tacony bar. However, a Breathalyzer test showing Haviland to have a blood alcohol content (BAC) above the legal limit was not used at his trial due to an inaccurate calibration of the device.

So, a Philadelphia judge found that there was not enough evidence proving that Haviland was drunk and decided the former cop was not guilty of the DUI, reports the Philadelphia Daily News.

Former Cop Matthew Sharkey to go to Jail for DUI

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Former Philadelphia police officer Matthew Sharkey pleaded guilty in June to driving drunk and injuring two state troopers and a tow truck driver. This week, he learned that he will spend up to 23 months in prison. He will also be on probation for six years.

The former cop had asked for only 10 years probation and no jail time, reports The Philadelphia Inquirer. However, the judge was not so lenient, despite the fact that Sharkey had been considered a good cop.

The ARD and the ignition interlock rule: In a case having statewide ramifications, the Pennsylvania Supreme Court held that acceptance into the Accelerated Rehabilitative Disposition (ARD) program counts as a DUI conviction when determining whether someone needs to install the ignition interlock device.

In Pennsylvania, someone convicted of two or more DUIs within a ten-year period is generally required to install the ignition interlock device, reports The Times-Leader. The device ensures that the driver is sober before allowing them to operate the vehicle.

New Evidence and New Judge for Cherelle Parker DUI Trial?

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A judge recently acquitted state representative Cherelle Parker of her DUI charges. The representative was accused of driving drunk going the wrong way down a one way road.

The judge in the case chose to believe the word of Parker over the word of two state troopers, dismissing all charges in the Cherelle Parker DUI trial. Now prosecutors are seeking to get a new judge and also have the state troopers' evidence admitted into trial.

Georgina Zogby Waives the DUI Preliminary Hearing

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Georgina Zogby waives her DUI preliminary hearing, setting up DUI trial.

Zogby, the wife of Pennsylvania budget secretary Charles Zogby, was charged with a DUI after she allegedly fled from cops who tried to stop her. Officers approached her car on a July morning, and Zogby allegedly tried to run away, forcing police to use stop sticks and a box-in maneuver to capture her, reports The Associated Press.

Finding the Right Philadelphia DUI Attorney

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If you've been arrested for drunk driving, you'll want to get a Philadelphia DUI attorney. With the right attorney, you could properly defend the DUI or even have the DUI expunged from your records. However, without good representation, you could find yourself in jail.

Pennsylvania is notoriously tough on drunk drivers. A first-time offender could potentially face a 12-month driver's license suspension, 72 hours of imprisonment, and $1,000 fine. And far more serious penalties await those with multiple DUI offenses or those who injure or cause damage due to drunk driving.

Drunk Driving Defenses in PA

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Last week, the National Highway Transportation Safety Administration announced that it was conducting a nationwide crackdown on drunk driving. As part of its campaign, state and local police will be increasing their presence on city streets in Philadelphia and elesewhere, and may even be conducting DUI checkpoints.

However, just because you're pulled over for a DUI, this does not mean you're automatically guilty. While the police work hard to avoid mistakes, mistakes do happen and the following are some common drunk driving defenses in Pennsylvania:

Sylvia Lugo has been charged in the fatal Philadelphia DUI hit and run that killed Liliana Acevedo more than a year after the accident occurred.

Lugo’s DUI charge is unusual as she was not identified as a suspect until months after the accident occurred, reports the Philadelphia Daily News, long after any breath or chemical tests could have shown that she was drunk at the time of the accident.

The DUI case of Pennsylvania state representative Cherelle Parker is set to begin this week and her attorney has already intimated that they may challenge her breathalyzer result.

In May, Parker was arrested on drunk driving charges after police caught her driving the wrong way on a one-way street. Parker was taken to Philadelphia police headquarters in Philadelphia where she apparently failed a breathalyzer test.

Pennsylvania State Representative Cherelle Parker, of Philadelphia, has opted for a trial for her DUI arrest. Parker’s attorney stated that they opted for a trial after noticing “some problems” with the paperwork that police filed regarding Parker’s DUI last month reports NewsWorks. The trial date has been set for July 11.

Cherelle Parker was arrested for a DUI in early May after police saw her driving the wrong way on a one-way street. Parker was taken to Philadelphia police headquarters where she took a breathalyzer test. Based on the results of the test, Parker was formally charged with driving under the influence.