As our viewer may remember, in October of 2018, we were successful in having Chief Judge Christopher Connor of the Middle District of Pennsylvania rule in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from exercising his Second Amendment rights as a result of a 2005 … Continue reading Third Circuit Denies En Banc Reconsideration in Holloway – Second Amendment As-Applied Challenge to DUI Conviction
Tag: Driving under the influence
Pennsylvania makes habitual DUI violations a felony.
On October 24, 2018, Act 153 of 2018 was signed into law by Governor Tom Wolf increasing penalties for habitual offenders of Pennsylvania’s DUI Laws. The new law went into effect just before the Holiday Season, on December 23, 2018. Multiple convictions for driving under the influence in Pennsylvania is now a felony under the … Continue reading Pennsylvania makes habitual DUI violations a felony.
MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI
Today, Chief Counsel Joshua Prince and attorney Adam Kraut secured a major victory for Second Amendment jurisprudence in Holloway v. Sessions, et al., 1:17-CV-00081, where Chief Judge Christopher Connor of the Middle District of Pennsylvania ruled in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from … Continue reading MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI
US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
PA Supreme Court Decision in Musau Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
I previously blogged about the Monumental Firearms Law related Decision from the Superior Court in relation to DUI. In Commonwealth v. Musau, 2013 PA Super 159, the Superior Court held that an individual who, during a first or second DUI, refused to provide blood or breath testing, could only be punished by a maximum of … Continue reading PA Supreme Court Decision in Musau Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
New DUI Law That Affects Firearms Rights
I previously blogged about the Monumental Firearms Law related Decision from the Superior Court in relation to DUI. In Commonwealth v. Musau, 2013 PA Super 159, the Superior Court held that an individual who, during a first or second DUI, refused to provide blood or breath testing, could only be punished by a maximum of … Continue reading New DUI Law That Affects Firearms Rights
Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops
On April 17, 2013, the United States Supreme Court decided a case that has implications throughout the country. The case, Missouri v. McNeely, was based on a motorist who was stopped on suspicion of drunk driving and arrested. McNeely refused to take a breath test, but was then taken to a local hospital for a … Continue reading Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops
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