Pennsylvania DUI Attorney
Pennsylvania DUI Law - PA DUI Case Law
Levow & Associates is a five attorney Pennsylvania DUI law firm. Our cases are almost 100% DUI related.
After reviewing this site, if you are looking to hire a qualified Pennsylvania DUI lawyer for your Philadelphia, Montgomery, Bucks, Delaware, Chester, Lehigh, or Northampton county DUI, please call us to discuss your case.
Cases decided by an appeals courts set precedent, or history, for future cases such as yours.
In addition to relevant case law, DUI / DAI encounters are almost always guided by constitutional principles. One of the most basic constitutional rights is set forth in the Constitution of the Commonwealth of Pennsylvania, Article I, Section 8: Security from searches and seizures
The people shall be secure in their
persons, houses, papers and possessions from unreasonable searches and
seizures, and no warrant to search any place or to seize any person or
things shall issue without describing them as nearly as may be, nor
without probable cause, supported by oath or affirmation subscribed to
by the affiant.
This section of the Pennsylvania Constitution is comparable to the Fourth Amendment to the United States Constitution:
The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or
things to be seized.
The similarities in the text of the Fourth Amendment and Article I, Section 8 do not demand identical interpretation. Commonwealth v. Waltson, 555 Pa. 223, 724 A.2d 289, 291 (1998). Article I, Section 8 can provide no less protection than what the Fourth Amendment requires, but it may establish greater protections. Commonwealth v. Matos, 543 Pa. 449, 672 A.2d 769, 772 (1996).
Courts in Pennsylvania have stated that the Commonwealth has a compelling interest in detecting and removing intoxicated drivers because they may cause death, injury, and property damage. In Commonwealth v. Tarbert, 517 Pa. 277, 535 A.2d 1035, 1042 (1987) the court said:
[T]he mass carnage that results from
unlicensed drivers and unsafe vehicles occupying the road, outweighs
the privacy interests of the individual.... [T]he state has a vital
interest in maintaining highway safety by ensuring that only qualified
drivers are permitted to operate motor vehicles, and that their
vehicles operate safely, thus assuring that dangerous drivers as well
as dangerous automobiles are kept off the road.
It is important to understand all of the elements and aspects of a Pennsylvania DUI DAI charge.
Review Pennsylvania DUI DAI case law, as it may pertain to your pending case.
Please see our main site http://www.PennsylvaniaDUILawyers.com.
Please call a Pennsylvania DUI Attorney at Levow & Associates, 610-667-5055, to discuss your case.