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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 a Commonwealth Court case docketed at Giambrone v. Commonwealth, 484 C.D. 2006, an en banc panel of the Commonwealth Court ruled on June 13, 2007 that an individual sentenced to a totally concurrent sentence for twelve drug possession offenses over a three and a half month period should have her licenses suspended for 11 periods of six months consecutive to each other. 
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