DUI’s in Pennsylvania: When is a traffic stop justified?

A driver cannot be driving under the influence if he or she is not driving to begin with. Accordingly, most DUI cases begin with a traffic stop. When is law enforcement justified in making a stop of a driver? The short answer is that law enforcement can effect a stop when law enforcement has “reasonable  … Read More

Disqualification of Commercial Drivers Licenses in Pennsylvania: When is your CDL at Risk?

When your Commercial Driver’s License (“CDL”) is suspended in Pennsylvania, it is referred to as a “disqualification” of the CDL. CDL’s are treated differently than normal driver’s licenses for the purposes of suspension. This is because Federal law AND state law both come into play with determining what penalties to assess against your CDL. CDL’s  … Read More

Violations of Parole and Probation in Pennsylvania: “Gagnon II” Hearings and Sanctions

If an individual on supervision in Pennsylvania commits a new criminal offense, or violates a condition of supervision, that person is subject to further potential penalties. “Supervision” in this context refers to those on probation or parole. One possibility is the imposition of a “detainer” to hold the person in prison until the underlying violation  … Read More

Driving Under the Influence Law in Pennsylvania: When is a Traffic Stop Warranted?

A driver cannot be driving under the influence if he or she is not driving to begin with. Accordingly, most DUI cases begin with a traffic stop. When is law enforcement justified in making a stop of a driver? The short answer is that law enforcement can effect a stop when law enforcement has “reasonable  … Read More