Pennsylvania Legislature Slams Shut Loophole for DUI Offenses

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On October 27, 2014, Governor Tom Corbett signed legislation that will greatly affect punishment for certain DUI offenses.

Until this new legislation, subsequent DUI offenses were governed by the decision in Commonwealth v. Haig, 981 A.2d 902 (2009). In that case, the Pennsylvania Supreme Court held that the actions of an individual subsequent to the DUI violation were beyond the scope of the prior offense provision during sentencing. In layman’s terms, this meant that an individual can be convicted as a first-time offender on multiple DUI arrests if those offenses were committed after the first violation.

Under the new amended law, the relevant recidivism time-period to the ten-year period before sentencing (not after violation) will be counted towards the prior offense grading and penalty. It also added the language “whether or not judgment of sentence has been imposed for the violation.” Therefore, going forward, a driver with multiple DUI offenses will be sentenced to much harsher penalties. This provision is effective 60 days from Monday, October 27.

To discuss this amendment or how it may affect your case, please contact Fiore & Barber, LLC.

Historic Verdict and Judgment won by Fiore & Barber, LLC

In the first ever BitTorrent copyright infringement case to go to trial in any United States District Court in the County, Judge Michael Baylson of the United States District Court for the Eastern District of Pennsylvania ruled in favor of Malibu Media, LLC, an adult content movie producer, and against three defendants and entered a judgment of $240,850.50 against one defendant.

On June 18, 2013, after a one day bench trial, Judge Baylson found that Malibu Media, LLC was not a “copyright troll” but rather the producer and owner of copyrighted works, its experts technology was sound and that each defendant intentionally and deliberately violated valid copyrighted works of the Plaintiff. (more…)

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