Tag: PA DWI attorney

Pennsylvania BAC Limits Unlikely to Change Despite NTSB Recommendation

Posted by Steven E. Kellis on

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PA DUI Attorney Expects Resistance from States

pennsylvania state capitolAccording to a recent Philly.com article, the National Transportation Safety Board (NTSB), in an effort to reach its goal of completely eliminating alcohol-related motor vehicle fatalities in the United States, called for all 50 states to reduce their legal blood alcohol content (BAC) for drivers to 0.05%. Currently, every state nationwide has a legal BAC limit for drivers of 0.08%.

Despite this recommendation and other initiatives to lower the incidence of alcohol-related traffic fatalities, however, history shows that change in Pennsylvania laws with respect to BAC legal limits is unlikely to change anytime soon, and may not change for years. The NTSB last recommended a reduction in BAC legal limits in 1982, when it called for a decrease from 0.10% to 0.08%. Utah and Oregon reduced their BAC limits accordingly in 1983, but it would take more than 20 years before all 50 states passed laws reducing their legal limits to meet the NTSB recommendation of 0.08%.… Read More

Pennsylvania Man Tries to Pin DUI on Grandmother

Posted by Steven E. Kellis on

In a story recently reported by Philadelphia.cbslocal.com, a 22-year-old western Pennsylvania man allegedly tried to blame his drunk driving on his grandmother. The only problem with the man’s story was that his grandmother wasn’t with him at the time of the incident, or even anywhere in the vicinity. As your Pennsylvania DUI attorney can tell you, this is not the best way to raise a defense in your DUI case.

When John Ventresca Jr., of Center Township, tried to pull into the parking lot of a local convenience store, witnesses saw him strike other cars and a pole in the front of the store. Rochester police were called to the scene, where they suspected Ventresca of drunk driving. Ventresca, however, had a completely plausible explanation for his actions. He reportedly told police that his grandmother had actually been driving the vehicle, and that she was currently inside the convenience store using the restroom.… Read More

Pennsylvania State Rep Appeals DUI Conviction

Posted by Steven E. Kellis on

The Philadelphia Sunday Sun recently reported that current Democratic State Representative Cherelle L. Parker was found guilty of DUI after a short trial before former Montgomery County Court president judge S. Gerald Corso that involved no testimony by witnesses. However, Parker’s sentence, which consists of three days in jail, suspension of her driver’s license for one year, and a $1,000 fine, was stayed pending an appeal to the Superior Court. As your Pennsylvania DUI lawyer well knows, Parker’s sentence includes penalties that are typical in PA DUI cases.

Parker’s criminal charges stemmed from a 2011 incident in which police reportedly stopped Parker after she drove the wrong way down a one-way street. Police allegedly observed that Parker’s eyes appeared bloodshot and glassy, her breath smelled like alcohol, she had difficulty getting out of her vehicle, and she could not produce her license, registration, or insurance card. Parker later submitted to a Breathalyzer test at police headquarters, which measured her blood alcohol content (BAC) to be 0.16… Read More

U.S. Supreme Court Considers DUI Blood Testing Case

Posted by Steven E. Kellis on

An Update from Your Pennsylvania DUI Attorney

According to a recent Wilkes-Barre Times Leader article, the U.S. Supreme Court has begun considering whether a blood test obtained from a DUI suspect by Missouri law enforcement officials without a warrant is constitutional. In this case, the DUI suspect was stopped by police for swerving. Police failed to get a warrant before submitting the handcuffed man for blood testing to measure his blood alcohol content. The police claimed that exigent circumstances justified the warrantless blood test due to the fact that the level of alcohol in a person’s blood dissipates rapidly. As a result, delaying the blood testing by a few hours in order to first get a warrant actually could result in test results showing a substantially lower blood alcohol content than the person actually had at the time he or she was driving. Therefore, the police might not have the strongest evidence in support of a DUI charge.… Read More