I am extremely disappointed and surprised to announce that this morning, the U.S. Supreme Court denied certiorari in three Second Amendment as-applied challenges. The cases were Holloway v. AG Garland, et al., docket no. 20-782 (regarding whether a single, isolated DUI, involving no property damage or harm to any person can strip someone of their … Continue reading U.S. Supreme Court Denies Review of Three Second Amendment As-Applied Challenges
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
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.
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
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!
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!
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
I came across a recent article about the Blair county DUI court. This is something many of us in the criminal defense community have been arguing to get in every county for some time. Sure, many counties offer "ARD" or "IPP" or "STOP" programs, but those are primarily administered through the District Attorneys office of … Continue reading DUI Courts – Proof second chances work & save the state money
Many people always ask when they have their driver's license suspended if they can qualify for the Occupational Limited License (OLL), or more commonly called the bread and butter license since people use it to drive to and from work. I pulled this fact sheet directly from PennDOT's website in an effort to answer some common … Continue reading OCCUPATIONAL LIMITED LICENSE (OLL) – What You Need to Know
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