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Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ Two recent cases put the spotlight on giving a person “the bird”, or “flipping them off”, and whether such a gesture is protected by the First Amendment to the U.S. Constitution. In one case, a police officer was the target, but, in the other, the person had the audacity to… view more
Posted in General on January 12, 2015
By Jason Dunkle on G+ A man, lost in a California forest for several days, may be forced to pay for the costs of the rescue efforts after being charged with drug possession. The man and a female companion were found after a large scale search and rescue effort, an effort that cost an estimated… view more
Posted in General, Legal Ethics on January 12, 2015
By Jason Dunkle on G+ In a relatively routine situation in Pennsylvania, a woman was charged with driving under the influence, and she met with a DUI attorney to discuss representation. The current DUI was a second offense because the woman had previously completed the Pennsylvania Accelerated Rehabilitative Disposition (ARD) program. At the meeting, the… view more
Posted in General on January 12, 2015
By Jason Dunkle on G+ In a recent State College Driving Under the Influence case, the person was charged with a few separate DUI charges. The most severe DUI charge, in violation of 75 Pa.C.S.A. § 3802(b), alleged that the person was driving with a blood alcohol level of at least .10% but less than… view more
Posted in General, Public Drunkenness on January 12, 2015
By Jason Dunkle on G+ Whether they want to admit it or not, many people have been drunk in public, whether it was at a college bar, party, wedding reception, or other social gathering. The person then feels remorse for the public drunkenness, has to apologize, and wishes that they had a time machine that… view more
Posted in General on January 12, 2015
Many people are familiar with the term sobriety tests in driving under the influence investigations. The Standardized Field Sobriety Tests (SFSTs) are the walk-and-turn, one-legged stand, and horizontal gaze nystagamus (HGN), and these tests have been used by the police in Pennsylvania DUI cases for years. What many non-DUI defense attorneys did not know is… view more
Posted in General on January 12, 2015
According to a State College newspaper, some Christmas day shoppers at the Benner Pike Wal-Mart in Centre County appear to have forgotten that the Christmas season is the time for giving and not taking after they were charged with Retail Theft and Receiving Stolen Property. Maybe they thought that the “giving” portion of the season meant… view more
Posted in General on January 12, 2015
A Centre County judge has recently issued a ruling in a State College drug delivery case that held that the “drug-free school zone” mandatory minimum sentence is constitutional. The school zone mandatory sentence can be invoked by prosecutors in Pennsylvania drug distribution, possession with intent to deliver, or manufacturing cases if the alleged criminal activity… view more
Posted in Burglary, General on January 12, 2015
Most people have enough sense to refrain from breaking and entering into a house or place of business. Those that do make the bad decision to commit such a trespass normally do so with the intent to steal something of value, such as electronics and money. A State College burglar recently broke into into a… view more
Posted in General on January 12, 2015
Who hasn’t seen a video on TV or on YouTube in which a driver hits a mud puddle after a recent storm and splashes a person walking nearby? I do not believe that I have ever done such a thing, but I am sure that I have been tempted when the situation arose. In a… view more
