Author Archives: Michael Skinner

Unmanned Aircraft Systems in Pennsylvania

Technology is constantly advancing and as we get closer to the world promised in Back to the Future, the more creative the government must be in coming up with regulations for these advances. Drones are a perfect example of advances in technology that have become available to widespread users and are now subject to federal […]

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Prescription Marijuana Could Result in a DUI Arrest In Pennsylvania

Pennsylvania recently hopped on board the ever-growing list of states that have made medical marijuana possible for chronically ill people. However, the new law did not address, nor change, the current DUI laws. As such, considering the archaic nature of the Pennsylvania Criminal Code, it remains illegal to drive with any marijuana in one’s system. […]

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Impact of Birchfield v. North Dakota in Pennsylvania

On June 23, 2016, the United States Supreme Court held in Birchfield v. North Dakota, 579 U.S. __ (2016), that the warrantless search and seizure of blood in DUI cases is unconstitutional. Thus, states could not criminalize DUI blood draw refusals. Across the country, many state statutes were struck down and unenforceable – but how […]

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What Happens at the DUI Preliminary Hearing in Delaware County?

If you were arrested for a DUI in Delaware County, PA, but were released the same night without seeing a judge, you may be wondering what happens next. After your release, you will be notified of the formal charges by a summons. The summons will be mailed to you from the magisterial district court in […]

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Forced Blood Test in a DUI Case in Pennsylvania

The United States Supreme Court’s recent decision in Missouri v. McNeely, 133 S. Ct. 1552 (2013), fundamentally altered the manner in which law enforcement officers can take blood from a suspected drunk driver. The decision called into question the implied consent laws, such as the one that is codified in Pennsylvania at 75 Pa.C.S. § […]

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Are Pennsylvania’s Implied Consent Laws Unconstitutional?

Actual consent is the most commonly used exception to the warrant requirement in DUI blood draw cases in Pennsylvania. In these cases, the officer simply says “will you consent to a voluntary blood draw for the purpose of determining its alcohol or controlled substance concentration?” If the person agrees, then the officer can have the blood […]

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Pennsylvania’s New Record Sealing Law: What You Need to Know if You Have a Criminal Record

  On February 16, 2016, Governor Wolf signed into law Senate Bill 166, an expansion to Pennsylvania’s dissemination of criminal information laws. Although the law has been widely described as an expansion of the current expungement law, it is, rather, an entirely new statute. The new statute takes effect on November 14, 2016. Under the […]

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What Happens after a Hit and Run in Delaware County, PA?

If your car crashes into another person’s car causing damage, and a person is in that vehicle at the time of the crash, then the law requires you to stop at the scene, provide certain information, and render aid to any injured person. If you leave the scene without fulfilling these duties, then you can […]

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What to Expect During a Green Card Marriage Interview at USCIS

  One of the most scrutinized, carefully reviewed areas of immigration law is obtaining a green card through marriage to a U.S. citizen. Not only is this one of the fastest ways to obtain a green card, but it is one of the fastest ways to obtain U.S. citizenship. With a green card, spouses are […]

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What Happens after a First DUI in Delaware County, PA?

The vast majority of DUI cases in Delaware County, PA, involve a person who has no prior charges for DUI. In fact, in many of these cases, the person has no criminal record of any kind. A person arrested for a first offense DUI is unlikely to be arrested for another crime in the future. […]

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