Legal Question in DUI Law in Pennsylvania
dui jurisdiction
sewickley cop pulled my father over in ohio twp. and took him for blood work. Not in vechile pulled over on the side of the road. Someone followed him home and called the sewickley police. Just wondering if they are allowed to pull someone over in another twp and take them for blood test without alerting that twp that he was in. and if he is not physically driving the car when they stop him can the charge him with dui.
2 Answers from Attorneys
Re: dui jurisdiction
If the officer was outside of his jurisdiction, and did not witness any driving within his jurisdiction, the charge should be dismissed. There are limited exceptions.
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Re: dui jurisdiction
if the cop doesn't observe him driving, at trial, the da needs a witness for operation, unless the defendant makes a statement admitting he was driving.
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