Legal Question in DUI Law in Pennsylvania
I'm on ARD and got a DUI
I have a couple questions so I might ask in two spots. First is can I have a case thrown out at the preliminary hearing if the cop didn't have probable cause to pull me over. I spoke with a lawyer and he told me that I have a case but he'd have to ask for a habeus corpus and that would cost me an additional $1,500 I don't have that type of money. Here's their probable cause summarized.
''I ovserved the deffendent drive on the white segmented lane lines then drift to the left and travel on the solid yellow lane line repeatedly over the course of aprox 1/4 mil. He then entered the turn lane for N Wash St from W-B Blvd and quickly activated right turn signal abruptly changing lanes by using a swerving movement. He continued northbound on N Wash St. (actually W-B Blvd) and near Hollenback golf course abruptly swerved to the right so as to negotiate a right hand curve in the roadway.''
That was his probable cause to pull me over. Like I said before my lawyer said that it wasn't probably cause, that I didn't violate any vehicle codes and he showed me case examples like mine. One was Gleeson or something he was pulled over for the same reason and had a needle and cocain in his car. Could this be thrown out at the preliminary hearing
4 Answers from Attorneys
Re: I'm on ARD and got a DUI
It sounds to me as if there was probable cause and because you are considering a habeas corpus petition, the District Justice apparently agreed that there was and held you for court. If you want to take the case to the Superior or Supreme Court on the issue, you may get the appellate court to agree that there was a lack of probable cause but that would first require preserving the issue which would require your filing of the Petition for Writ of Habeas Corpus, having it granted or denied, and then trying to get he court to approve an interlocutory appeal if it was denied. If it was granted, the Commonwealth would likely appeal.
The case you mentioned, Commonwealth v. Gleason, 567 Pa. 111 (2001), involved a driver who had momentarily drifted onto the white "fog line" on the right hand side of the road and he had won a suppression hearing on the issue of probable cause in the trial court.
Even though the officer in your case indicated you were on the center line which is a bit different, it is conceivable that the court could agree that there was no probable cause but in order to challenge this, it is undoubtedly going to cost you more than $1,500.00.
Re: I'm on ARD and got a DUI
It sounds to me as if there was probable cause and because you are considering a habeas corpus petition, the District Justice apparently agreed that there was and held you for court. If you want to take the case to the Superior or Supreme Court on the issue, you may get the appellate court to agree that there was a lack of probable cause but that would first require preserving the issue which would require your filing of the Petition for Writ of Habeas Corpus, having it granted or denied, and then trying to get he court to approve an interlocutory appeal if it was denied. If it was granted, the Commonwealth would likely appeal.
The case you mentioned, Commonwealth v. Gleason, 567 Pa. 111 (2001), involved a driver who had momentarily drifted onto the white "fog line" on the right hand side of the road and he had won a suppression hearing on the issue of probable cause in the trial court.
Even though the officer in your case indicated you were on the center line which is a bit different, it is conceivable that the court could agree that there was no probable cause but in order to challenge this, it is undoubtedly going to cost you more than $1,500.00.
Re: I'm on ARD and got a DUI
It will almost certainly NOT be thrown out at the preliminary hearing. Your lawyer is correct, this would have to be filed at the Common Pleas level after the preliminary hearing.
If you are convicted of the second DUI, there is mandatory jail time, as well as large fines, fees and costs, and your insurance will skyrocket. All of that would be much much more than the $1,500 your lawyer is asking for to fight it.
However, what you describe seems to me to be reasonable suspicion/probable cause for a vehicle stop.
Under Gleason,the standard was probable cause for violation of the vehicle code. The standard has now been lowered to reasonable suspicion of DUI. While there are some valid arguments in your case, and you may succeed, I am not as confident of success as your attorney seems to be.
The process is as was described in Atty. Gibson's answer. If your attorney is going to do it for $1500, that's a bargain.
Re: I'm on ARD and got a DUI
It will almost certainly NOT be thrown out at the preliminary hearing. Your lawyer is correct, this would have to be filed at the Common Pleas level after the preliminary hearing.
If you are convicted of the second DUI, there is mandatory jail time, as well as large fines, fees and costs, and your insurance will skyrocket. All of that would be much much more than the $1,500 your lawyer is asking for to fight it.
However, what you describe seems to me to be reasonable suspicion/probable cause for a vehicle stop.
Under Gleason,the standard was probable cause for violation of the vehicle code. The standard has now been lowered to reasonable suspicion of DUI. While there are some valid arguments in your case, and you may succeed, I am not as confident of success as your attorney seems to be.
The process is as was described in Atty. Gibson's answer. If your attorney is going to do it for $1500, that's a bargain.
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