Advice for Medical Marijuana Users in Pennsylvania to Help Avoid DUI Charges

If you are a medical marijuana user in Pennsylvania, you are at risk of being charged with a DUI every single day. I can't really overstate how serious this is for medical marijuana users. This article discusses why that is and how to minimize your risk that your efforts to obtain treatment for your legitimate medical condition will result in you being charged with the serious crime of DUI.

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Has Technology Made DUI Checkpoints Obsolete?

As York County said goodbye" to 2019 and welcomed in 2020, residents did not experience any DUI checkpoints. The usual spots - North George Street in North York Borough across from the cemetery, the I-83 connector between York Hospital and I-83, Route 30 out along the bypass -- all of them were unmanned, and motorists were not stopped and evaluated for impairment.  Why not?

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Pennsylvania's Cruel Marijuana DUI Law Harms Medical Marijuana Patients

Pennsylvania's DUI law is incredibly cruel when it comes to marijuana. It penalizes innocent people and it preys on those who use medical marijuana instead of relying on opiates for pain relief. It needs to be changed.

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How Pennsylvania "Counts" the Number of DUI Offenses

You can have more than one DUI under Pennsylvania and have it be treated as a first offense. I'm writing this today because people get confused over what is a "lifetime offense" and what is a "prior offense". I had to answer this question twice today, actually.

The simple version is this: if you were sentenced on a DUI more than ten years before you were charged with a new DUI offense, the new DUI offense will be treated as a first offense. There's a lot more to it than that, so click through for more details.



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PA Supreme Court holds most DUI checkpoints are illegal

If you are currently facing DUI, drug possession, or other charges in Pennsylvania which stem from a multi-jurisdictional sobriety checkpoint, you may be entitled to dismissal of all your charges under the recently-decided case of Commonwealth v. Hlubin.

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Work Release in Bedford County, Pennsylvania

Work release (or "outmate") is a jail sentence where you are allowed to go to work each day, but otherwise you stay at a county jail. In all the counties in Pennsylvania where I've represented clients, the theory is the same: keeping people working is a better idea than just having them sit in jail. How they accomplish that can vary a fair amount.

This article is how work release happens in Bedford County, Pennsylvania at the Bedford County Prison.

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"Chasing Heroin" on Frontline - watch it

Heroin is a major issue in York County. I work with more and more clients and families affected by it. Tonight, PBS ran an episode of "Frontline" called "Chasing Heroin".

It is an excellent and unflinching look at the problem, various efforts to deal with it, and the reality of people on all sides of the equation: addicts, cops, judges, social workers, and defense lawyers. I can vouch for the authenticity of all of it. Click through for the link to the show online.

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Renegade! Pittsburgh Steelers assistant coach Joey Porter learns about "Status Based Aggravated Assault"

Joey Porter, former Pittsburgh Steelers linebacker and current linebacker coach, found himself in hot water following a Steelers playoff win over the Miami Dolphins. Despite the video evidence, the crime scene in Pittsburgh Sunday night was not surrounding the chalk outline of Dolphins quarterback Matt Moore's body after Bud Dupree crushed him with a huge hit. Instead, the police blotter was filled up by Peezy (Porter) after he allegedly tried to enter a Pittsburgh bar about four hours after the Steelers walloped the Dolphins.

So, the question we're all wondering is whether Porter is in fear for his life from the long arm of the law?


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Can you get unemployment if your employer fires you for getting a DUI?

I often represent clients who need to be able to drive in order to keep working. Usually, my clients fall into one of these categories:

  • Need a license to drive to work (commute)
  • Drive an employer vehicle at work and need a "good driving record"
  • They have a Commercial Drivers License ("CDL") and drive a tractor trailer or other large vehicle.

Often, I work with clients whose boss will find out that they got a DUI in their personal vehicle on personal time. The boss decides to fire my client. Then, in addition to all the problems of having a criminal case pending for the DUI, the client has lost their job and income.

To make matters worse, sometimes when my clients file for unemployment the employer will file papers with the state to try to fight to keep my client from getting unemployment. 

What can I do to help my clients out?


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Relief from Delayed License Suspension

On March 30, 2016, the PA Commonwealth Court handed down a decision reversing the York County Court of Common Pleas and vacating a one-year license suspension on a DUI offense which was committed in 2004 but not submitted to PennDOT until 2014. The Court found that the 10-year delay prejudiced the Petitioner, and as a result her license should not be suspended.

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