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Evidence suppressed - DUI dismissed PDF Print E-mail

Client was stopped for a windshield obstruction (an air freshener). Charged with a Tier 2 DUI (BAC between .10 and .16). Client had a commercial driver's license, but was operating his personal vehicle. The case was eligible for ARD, but filing for ARD would have cost the client his job, since he would have lost his CDL for a year even with ARD. York, PA DUI lawyer Joseph N. Gothie filed a suppression motion after consultation with the client. Following a suppression hearing, the evidence obtained as a result of the vehicle stop was suppressed.

The case is docketed in York County at 4947-2007.



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Newsflash
In a decision issued on April 25, 2008, a panel of the Pennsylvania Superior Court ruled that an investigatory stop of a car with a loud muffler was permitted where the investigating officer did not have any of the required, specialized training necessary to issue a noise citation for faulty exhaust. During the stop, the driver was arrested for DUI. No muffler violation was ever filed. This decision essentially validates a form of pretext stops in Pennsylvania. The full text of the case can be found here. The dissent raises serious and legitimate concerns about the potential for abuse that this decision permits.