PA Superior Court shoots down "second-second" DUI sentence appeal - YorkDUI.com - York, PA - DUI Lawyer - Attorney Joseph N. Gothie, Esq. - (717) 848-8455, Driving under the influence lawyer

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PA Superior Court shoots down "second-second" DUI sentence appeal

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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In a decision issued on February 21, 2008, the Pennsylvania Superior Court issued a "suspended owner" decision allowing stops of motor vehicles owned by people with suspended licenses, so long as police can generally match the description of the owner of the vehicle to the person operting the car.