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Pennsylvania Medical Marijuana: What You Need To KnowPosted in Medical Marijuana on March 4, 2023
The number of medicinal marijuana users grown exponentionally the program’s inception in Pennsylvania in 2016. While medicinal marijuana has been around for years, there are still many confusing issues that lead to violations of the law and criminal charges for violators. People using medicinal marijuana often have the same questions: Can I grow my own… view more
Illegal Stop Leads to Suppression of Evidence in State College DUIPosted in Centre County DUI on August 20, 2022
Unconstitutional Traffic Stop In a recent State College DUI case, a police officer conducted a traffic stop for a speeding violation. The officer had followed the driver for approximately four miles and, using the police car’s speedometer, clocked the driver’s speed at 53.7 miles per hour in a posted 45 mile per hour zone. During… view more
Judge Dismisses Charges in Centre County DUIPosted in Centre County DUI on July 10, 2022
In a recent Centre County DUI case, a judge was required to determine whether or not the prosecutor had presented sufficient evidence to show that the suspect had been intoxicated to the extent that he was incapable of safe driving. The charge was a bit outside the norm because the suspect had refused to submit… view more
Arizona Medical Marijuana Card Holder Not Protected from Marijuana Possession in IowaPosted in Medical Marijuana on June 20, 2022
The majority of states in the U.S. allow the for the use of medical marijuana. Some states do not allow for medical marijuana, and some states do not accept or honor medical marijuana cards from other states. A person that has a medical marijuana card may still be prohibited from possessing marijuana in some states. … view more
Maryland PBJ is a “Prior Offense” of DUI in PennsylvaniaPosted in ARD,DUI,Prior Offense DUI on January 1, 2022
Almost eveyrone that is arrested in Pennsyvlania for suspicion of DUI immediately heads to Google to search. They want to know what is going to happen and what penalities will be imposed for a conviction. There are very severe mandatory minimum sentences for a Pennsylvania DUI conviction, and those sentences are increased substantially if the… view more
Pennsylvania DUI Conviction Overturned Under Two-Hour RulePosted in DUI on November 21, 2020
Everyone knows that a normal DUI charge requires a prosecutor to present evidence at a trial that a person was driving and the person’s alcohol level was over the legal limit. In Pennsylvania, a driving under the influence charge for alcohol also normally requires that the blood or breath was drawn within two hours of… view more
Pennsylvania Court Holds Odor of Marijuana Alone Not Probable CausePosted in Constitutional Rights on October 19, 2020
The Pennsylvania Superior Court recently issued a decision which considers the fact that Pennsylvania citizens can lawfully possess and use marijuana for medicinal purposes. Many states across the nation now allow for medicinal marijuana use, and some areas have de-criminalized or even legalized marijuana use. The fact that marijuana is not illegal in all circumstances… view more
Prosecutor’s Denial of ARD Upheld by Superior CourtPosted in ARD on September 6, 2020
Many first-time DUI offenders participate in a pretrial diversionary program called Accelerated Rehabilitate Disposition (ARD) that allows a person to have the charges dismissed and expunged upon completion of the program requirements. Whether a person is approved to participate in ARD is generally up to the District Attorney in the particular county, and the District… view more
Mask or no mask, what is legally required in Pennsylvania?Posted in Constitutional Rights on August 23, 2020
DISCLAIMER – This is NOT an article about my personal opinion on whether or not masks should be worn. I have a Juris Doctorate degree, and that degree gives me the ability to provide legal advice. I do not have a doctorate in the medical field, which means that I should NOT give an opinion on… view more
Medical Marijuana Use Allowed While On Probation in PennsylvaniaPosted in Sentencing on July 11, 2020
Many people want to know whether or not medicinal marijuana can be used while a person is on probation or parole in Pennsylvania. In the past, the answer depended upon what county was supervising the probation or parole. Some counties allowed medicinal use of marijuana, but other county probation departments did not. On June 18th… view more