General
Will Penn State Decriminalize Possession of a Small Amount Marijuana for Personal Use?Posted in General, Penn State Marijuana Possession on January 12, 2015
According to online news reports, the State College Borough is considering following the lead of Pittsburgh and Philadelphia and passing a local ordinance to decriminalize possession of small amounts of marijuana. This does not mean that marijuana is now legal in Pennsylvania. In Pennsylvania, a person that possesses less than 30 grams of marijuana for… view more
Centre County Trick or Treating – Remember that Texting While Driving is IllegalPosted in General on January 12, 2015
By Jason Dunkle on G+ With Halloween quickly approaching, our streets in State College, Centre Hall, Bellefonte, and other local towns will be filled with kids going door-to-door as part of the annual trick-or-treating adventure. My three kids are excited to have the opportunity to obtain more candy in one evening than they should consume… view more
Penn State’s Delay of McQueary Suit Scheduled for Centre County HearingPosted in General, Penn State on January 12, 2015
By Jason Dunkle on G+ Former Penn State assistant football coach Mike McQueary has filed a defamation and whistleblower suit against Penn State seeking over $4 million. Much of McQueary’s claim is based upon former Penn State President Graham Spanier’s public support of former Penn State administrators Tim Curley and Gary Schultz after they were… view more
Defense Lawyers for PSU Administrators Claim Privilege Prohibits TestimonyPosted in General, Legal Ethics on January 12, 2015
THe criminal defense lawyers for former Penn State Administrators Tim Curley and Gary Schultz are trying to prohibit former General Counsel for Penn State, Attorney Cynthia Baldwin, from testifying against them in their upcoming preliminary hearings. The criminal defense lawyers claim that Curley and Schultz believed that Baldwin was representing them when they appeared before… view more
Failure To Mirandize In State College Drug Possession CasePosted in Constitutional Rights, General on January 12, 2015
A Centre County judge recently issued an opinion in a State College misdemeanor drug possession case in which the criminal defense lawyer sought suppression of statements made by the defendant because the officer did not advise the defendant of her Miranda warnings. The judge’s decision granted the suppression of some statements, but the judge also felt… view more
Is “Flipping the Bird” Legal in Pennsylvania?Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ While many people “flip off” or give others the bird in public, I often wondered if it was actually legal. Oddly, while I have been a criminal defense lawyer since 2004, I didn’t actually know the answer to that question until recently. Just because many people do it doesn’t mean… view more
New DUI Investigation Tool On Horizon – Drug BreathalyzerPosted in General on January 12, 2015
By Jason Dunkle on G+ In a standard alcohol-related DUI investigation, the police routinely use a portable or preliminary breath test, commonly called a PBT, but no such device has been created to assist in drug-DUI investigations. A routine State College DUI investigation involves a traffic stop for a Motor Vehicle Code violation, an officer… view more
Pennsylvania Superior Court Held Illegal Sentence Imposed In Second Offense DUI CasePosted in General on January 12, 2015
By Jason Dunkle on G+ The Pennsylvania Superior Court recently held that a judge had imposed an illegal sentence in a second offense driving under the influence case in which the DUI defendant had refused to submit to a chemical test to determine his alcohol level. In Pennsylvania, a person that refuses a chemical test… view more
Drunk Florida Prosecutor Charged With Assault After Confronting Police OfficerPosted in Assault, General on January 12, 2015
By Jason Dunkle on G+ As a criminal defense lawyer located next to Penn State, I represent a lot of Penn State students and alumni that get into trouble for the first time. In many of the cases, alcohol is involved, which explains why the people did something that they normally would not do. I… view more
School Bus Driver Drops Off Kids, Charged With DUIPosted in General on January 12, 2015
By Jason Dunkle on G+ While people may not think that they could be charged with DUI for riding a bike or horse while intoxicated, most people would just be appalled to find out that some bus drivers are charged with driving under the influence while transporting children. A 42-year-old bus driver near Chicago dropped… view more