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PA Superior Court shoots down "second-second" DUI sentence appeal PDF Print E-mail
The Pennsylvania Superior Court has issued a published opinion on simultaneous sentencing for multiple pending DUI offenses.  It ruled that where a defendant entered a plea on two pending offenses where she had one prior offense within the past ten years, that one of the two new pleas should be sentenced as a second offense and that the other should be sentenced as a third offense. The Superior Court refused to accept the argument of defense counsel that both offenses should be treated as second offenses (a "second-second" disposition). The entire opinion can be found here. This decision appears to eliminate a possible sentence reduction strategy for defendants with multiple pending DUIs.
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Newsflash
In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not "seize" the driver for purposes of the Pennsylvania or United States constitutions. 
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