September 16, 2010 (Press-News.org) A recent Pennsylvania appellate court decision involved a rarely implemented defense in a DUI/DAI case. In Commonwealth v. Clouser, the Pennsylvania Superior Court considered whether a driver was justified in fleeing danger in his vehicle even though he was intoxicated. While the trial court had denied the defendant's request to argue justification, the Superior Court held that he should have been allowed to present this defense.
Appellant Michael Allan Clouser was out at a Franklin County tavern in June of 2009 with his girlfriend. Clouser admitted at trial that he "drank several beers and had several shots of alcohol" before they decided to leave. She got into an argument with another woman in the parking lot over a misunderstanding about the identity of Clouser's car, and shouting soon escalated into an altercation. As a crowd gathered, Clouser entered the growing melee and was hit in the head with a hard object.
The tavern owner came out and told Clouser and his girlfriend to leave before police attention was aroused. Just under five miles from the tavern, the car went into the ditch. Police responded and transported the couple to the hospital with injuries, and Clouser was arrested after a blood test revealed a blood-alcohol content (BAC) of 0.19 percent.
The three-judge appellate panel found that Clouser's drunken driving was justifiable, but he had shown no reason why he drove so far. The court noted the absence of any evidence that he could not have at some point allowed his girlfriend to drive, that there was no safe place to stop, or that he was still being pursued by hostile assailants when he went off the road. While the trial court's error on the justification issue would otherwise have caused reversal of Clouser's conviction and the possibility of a new trial, the Superior Court found that unnecessary: "Without any explanation by Appellant, we find no reason for a factfinder to conclude that Appellant had no reasonable options, within a span of 4.8 miles, to avoid driving in his extreme state of inebriation."
Emphasizing the Importance of Aggressive Trial Representation
A skilled criminal defense attorney takes into account a variety of eventualities when preparing a case for trial. In the present case, Clouser may very well have been able to testify about ongoing threats that at the very least presented an issue for a jury. By preserving all such issues for appeal, an experienced attorney gives his or her client the best chance of defeating charges at every possible opportunity.
Article provided by Law Offices of Basil D. Beck, III
Visit us at www.bbecklaw.com
Pennsylvania Court Considers Legal Justification for Drunk Driving
A recent Pennsylvania Superior Court decision looks at the issue of legal justification for drunk driving.
2010-09-16
ELSE PRESS RELEASES FROM THIS DATE:
Pennsylvania Field Sobriety Testing
2010-09-16
In Pennsylvania, an officer often conducts field sobriety testing prior to asking a driver to submit to a roadside breath test and making an arrest, whether the driver is suspected of intoxication during a traffic stop, sobriety checkpoint or saturation patrol. In October 2008, Pennsylvania began the Checkpoint Strikeforce Initiative, which requires each of the 15 regional state police troops to conduct random sobriety tests of drivers on most weekends. The State Police Commissioner noted that the program contributed to a record number of DUI arrests that year.
Standardized ...
The Confrontation Clause: New Meaning for The Twenty-First Century
2010-09-16
Any person accused of a crime in the United States has the right "to be confronted with the witnesses against him." It is one of the fundamental protections of the U.S. Constitution, written into the Confrontation Clause of the Sixth Amendment and guaranteed since the Bill of Rights took effect in 1791. However, our understanding of this right has evolved with time.
Last year in the case of Melendez-Diaz v. Massachusetts, the U.S. Supreme Court considered the protections of the Confrontation Clause with regard to the introduction of forensic evidence in a trial.
Prior ...
The Pressure is On: Medical Professionals Standing Up For Patient Rights
2010-09-16
Medical Whistleblowers and the Sovereign Immunity Roadblock
The heroic actions of two individuals recently brought the little town of Kermit, Texas, into the limelight. Two nurses at Winkler County Memorial Hospital found themselves in an astonishing situation after reporting suspected ethical violations of a doctor. Not only were they fired but also indicted on felony charges. Both nurses beat the indictments and later settled a civil lawsuit against the hospital, but the unexpected scenario has sparked public debate about laws protecting medical whistleblowers.
Anne ...
Shorter Sentences for Viewing Child Porn
2010-09-16
Worried parents and law enforcement officials are driving an increase in child pornography cases across the U.S. Sentences for viewing child porn range from probation to 20 years in prison, but judges are leaning toward lower sentences.
The Wall Street Journal analyzed four years of data and found a significant reduction in jail time. In 2006, about 20 percent of child porn possession and distribution cases brought sentences that fell below federal guidelines. By 2009, more than 40 percent of sentences brought such sentences, according to the Journal. In the same period, ...
Common Defenses to Workers' Compensation Claims in Pennsylvania
2010-09-16
When a worker is injured on the job, the workers' compensation system is intended to ensure that the worker receives the medical treatment necessary to recover and financial support for the resulting time away from work. However, this compensation is ultimately provided by an insurance company -- and insurance companies generally seek to avoid paying out claims when possible. Accordingly, these companies rely on a number of common, well-established defenses to avoid paying claims.
Workers' compensation claims fall into two categories: accidental-injury claims and occupational-disease ...
Debenhams Breaks New Ground with National Disabled Model Campaign
2010-09-16
Debenhams has become the first retailer on the British high street to launch a national window campaign featuring a disabled model in all of its 160 stores in the UK and the Republic of Ireland.
The ground breaking imagery features disabled model Shannon Murray, along with additional photography, mannequins and products in a display to launch the Debenhams autumn winter womenswear.
The innovative display follows an approach by Nikki Fox and Natasha Wood, both disability campaigners and presenters of the hit TV show, How to Look Good Naked, which led to a trial using ...
npower Celebrates 'Consumer Supplier of the Year' Award Win
2010-09-16
npower is celebrating after being presented with 'The Consumer Supplier of the Year' award at the first ever Energy Event Awards. The award recognises the supplier that has excelled in providing industrial and commercial consumers with an outstanding service, product or innovation.
The awards are a new addition to the annual Energy Event, which took place at the National Motorcycle Museum in Birmingham on 8-9th September 2010. The awards recognise and reward achievements in the energy industry, celebrating the suppliers and businesses that are bringing new ideas and ...
Door2Tour.com Launches 2011 Events Programme
2010-09-16
Door2Tour.com has launched its range of popular events for 2011 with a selection of breaks available, incorporating flower shows, sporting events, concerts and exhibitions. The latest programme now includes trips to over 30 events throughout the UK alone, offering traditional events like the Edinburgh Tattoo, Chelsea Flower Show and Wimbledon among newcomers like the NBA Basketball, National Brass Band Championships, Cirque du Soleil and Barry Manilow in concert.
Fresh from a hugely successful year for events where sales were up 37% on 2009, and with sales for events ...
Stena Line Announces New Onboard Children's Menu from Annabel Karmel
2010-09-16
Stena Line has announced the launch of a new menu by Annabel Karmel MBE, one of the world's most successful writers on children's food and nutrition.
Annabel has sold over 4 million books worldwide and has become the expert in getting children, no matter how fussy, to follow a healthier diet. A selection of little people's favourite dishes including Fruity Chicken Curry, Fish Pie, Spaghetti Bolognaise with hidden vegetables, Chilli Con Carne, Macaroni Cheese and Chocolate Sponge with chocolate sauce will initially be sold in all food outlets onboard Stena Line's routes ...
npower Announces the Big Turn On
2010-09-16
npower has revealed that Tuesday 14 September is officially the day of The Big Turn On; when the majority of Brits awaken their heating from its summer slumber.
Statistics from npower hometeam, which installs, services and repairs boilers, show that Tuesday 14 September is the day when boilers across the country will whir back into action.
It's easy to forget about boilers during the Great British Summer in all its varied and inconsistent glory, but as Brits make the move and flick that switch, npower hometeam reveals that it experienced a significant increase in ...
LAST 30 PRESS RELEASES:
U.K. food insecurity is associated with mental health conditions
At least eight bat species commute or forage over pig farms in Northern Italy
Ancient teeth reveal mammalian responses to climate change in Southeast Asia
Targeting young adults beginning university may be especially effective for encouraging pro-environmental behaviors
This robotic skin allows tiny robots to navigate complex, fragile environments
‘Metabots’ shapeshift from flat sheets into hundreds of structures
Starting university boosts recycling and greener travel, a University of Bath study finds
How cilia choreograph their “Mexican wave”, enabling marine creatures to swim
Why women's brains face higher risk: scientists pinpoint X-chromosome gene behind MS and Alzheimer's
Ancient lead exposure shaped evolution of human brain
How the uplift of East Africa shaped its ecosystems: Climate model simulations reveal Miocene landscape transformation
Human Organ Chip technology sets stage for pan-influenza A CRISPR RNA therapies
Research alert: Bacterial chatter slows wound healing
American Society of Anesthesiologists names Patrick Giam, M.D., FASA, new president
High-entropy alloy nanozyme ROS biocatalyst treating tendinopathy via up-regulation of PGAM5/FUNDC1/GPX4 pathway
SwRI’s Dr. Pablo Bueno named AIAA Associate Fellow
Astronomers detect radio signals from a black hole tearing apart a star – outside a galactic center
Locking carbon in trees and soils could help ‘stabilize climate for centuries’ – but only if combined with underground storage
New research shows a tiny, regenerative worm could change our understanding of healing
Australia’s rainforests first to switch from carbon sink to source
First-trimester mRNA COVID-19 vaccination and risk of major congenital anomalies
Glucose-lowering medication classes and cardiovascular outcomes in patients with type 2 diabetes
Rising seas and sinking cities signal a coastal crisis in China
Discovery of hundreds of new human gut viruses provides a new approach to studying the gut microbiome
Study indicates dramatic increase in percentage of US adults who meet new definition of obesity
Astrocytes are superstars in the game of long-term memory
WSU study finds positive framing can steer shoppers toward premium products
Study finds ending universal free school meals linked to rising student meal debt and stigma
Innovations in organoid engineering: Construction methods, model development, and clinical translation
Rescheduling coca: Aligning global drug policy with science, tradition, and indigenous rights
[Press-News.org] Pennsylvania Court Considers Legal Justification for Drunk DrivingA recent Pennsylvania Superior Court decision looks at the issue of legal justification for drunk driving.