Gambone Law
Licensed in Pennsylvania and New Jersey
215-755-9000
www.GamboneLaw.com
August 2019
What It Means for Your Case PennDOT’s New DUI Form
“The U.S. Supreme Court ruled that blood evidence will be inadmissible if the police do not obtain a search warrant prior to the blood draw.”
in Pennsylvania carry mandatory minimum jail sentences, even for first- time offenders, making the admissibility of blood evidence critical.
Blood tests, while more accurate than breathalyzers, need to be done under strict guidelines or can be voided. In the U.S. Supreme Court case of Birchfield v. North Dakota, this exact complication occurred, dramatically changing the way drunk driving is prosecuted throughout the country. The PennDOT DL-26 form had specifically mentioned criminal penalties that the Supreme Court found unconstitutional in the case. Following this decision, the U.S. Supreme Court ruled that blood evidence will be inadmissible if the police do not obtain a search warrant prior to the blood draw. In the Birchfield decision, the U.S. Supreme Court found that because a blood draw is so invasive, it triggers a person’s Fourth Amendment right against illegal search and seizure. However, the Court did not arrive at the same conclusion for breath tests because it found that these types of alternative tests are not intrusive. Since the Birchfield decision, Pennsylvania has modified its consent to chemical testing form, DL-26B, and now requires a law enforcement officer to verbally inform a person of their rights related to chemical testing, also called an “O’Connell warning.” While the original form violated the U.S. Supreme Court’s decision, the modified form conforms to the decision. It doesn’t mention any type of criminal penalties, only that a person will face a civil license suspension. If you’re charged with a DUI in Pennsylvania, it’s important to understand that your attorney cannot solely rely on the Birchfield decision anymore, especially if your case involves the modified DL-26 form. Please feel free to call my firm or visit my website to learn more about DUI defenses involving blood draws and breathalyzers. –Alfonso Gambone
Breathalyzers and blood tests are two primary ways police obtain a person’s blood alcohol concentration (BAC) in the state of Pennsylvania. While a breathalyzer is much more convenient than a blood test, it is far less accurate. The device uses a sample of a person’s breath by a coefficient factor to arrive at a number which, theoretically, is the amount of alcohol in their bloodstream. The legal amount of BAC is .08 in both Pennsylvania and New Jersey. When a person takes a breathalyzer or blood test and their BAC is higher than this number, they are considered legally impaired and can be arrested and charged with a DUI. While a breathalyzer test can provide substantial proof the prosecution needs to establish their case, they will need chemical evidence to convict a person in violation of more serious statutes. Several subsections of DUI law
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The Right Place at the Wrong Time A LOOK AT SOME INTERESTING PERSONAL INJURY CASES
AS BELOW, SO ABOVE Time spent in the restroom is inherently private. We don’t normally talk about it, but that’s not the case for a Pennsylvania woman who experienced a traumatic event during a routine trip to the lady’s room. In 2007, a schlocky horror plot came to life in a building along Philadelphia’s famous Market Street. The culprit was a faulty plumbing system. The woman was inside a restroom stall on the eighth floor, and, as she sat on one of the old toilets customary in the building, pressure building from inside the tank caused a massive explosion that sent her body hurling out of the stall. You don’t need to know the details of her injuries to understand the extent of her grievances. Some forms of suffering are better left to the imagination, especially if the aggressor was a literal stink bomb. She sued the building’s landlords for anxiety, pain, and medical expenses, but it’s hard to determine which party was truly at fault without more information. IT’S RAINING CATS AND DOLLARS You can’t predict the weather, no matter what your weather app says, but some people tend to forget that. A few years ago, an Israeli weatherman was faced with a lawsuit by a woman who claimed his inaccurate forecast caused her a great deal of suffering. She claimed he misrepresented a particularly harsh day in the forecast, and it encouraged her to wear insufficient layers that left her health to the whim of the elements. As a result, the woman caught the flu from the downpour and missed work for four days. Citing lost income, large medication costs, and tremendous anxiety, she sought reparations from the fraudulent weatherman and was amazingly awarded a four- figure settlement!
There is no shortage of crazy cases that come through a court of law, but those revolving around personal injury can be especially surprising. Whether it’s a slip-and-fall accident or something a little more eccentric, there are a million ways to hurt yourself while simply going about your day. The problems arise when it’s determined to be another party’s fault. Let’s take a look at some notably strange cases where bizarre miscalculations led to injuries and ailments.
Gone Camping 4 THINGS TO KEEP IN MIND ON YOUR NEXT FAMILY CAMPING TRIP
it doesn’t give notice at all. Keep a close eye on the sky and monitor the weather on a radio. If a storm appears, seek shelter immediately and stay out of low-lying areas. When you’re in mountainous or hilly terrain, a little rain is all it takes for flash floods to occur. If you’re in a ravine when it starts raining, get out immediately. ALWAYS STICK TOGETHER. It’s a good idea to hike with a buddy and keep a whistle around your neck or in your pack. You never know what you might encounter or when you’ll need help. Hiking with kids is also a great time to teach them to recognize landmarks and be aware of their surroundings. If you have a digital camera or smartphone, show kids how to create a trail of digital breadcrumbs or pictures to help them find their way back to camp.
quick access to cold water, soap, antiseptics (hydrogen peroxide or rubbing alcohol), and calamine lotion or hydrocortisone cream can keep infections at bay. TEACH FIRE SAFETY . When you build a fire, especially with kids, teach them about fire safety. This includes building the fire itself. Pick a spot away from brush and overhanging branches and create a pit surrounded by rocks. Before lighting a fire, have a bucket of water and a shovel nearby so you can quickly extinguish it when ready. Finally, remember to only build a fire as big as you need. A larger fire can be difficult to manage and keep under control.
While summer is winding down, families are looking to go on a few end-of-season adventures, camping trips included. Before you head out into the wilderness with your family, it’s important to be prepared. In fact,“be prepared” is the best piece of advice when it comes to braving the great outdoors. But what does being prepared entail? Here are four key tips. HAVE A FIRST-AID KIT NEARBY. A good rule of thumb is to keep one in your car at all times. You never know when you’ll need it. Kids may get a few bumps and scrapes while out hiking, or you might encounter poisonous plants, such as poison ivy or poison oak. Having
KEEP AN EYE ON THE SKY. Weather can change at a moment’s notice, and sometimes,
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SWEAT SMART
WHICH WORKOUT WILL HELP YOU MEET YOUR GOALS?
WAX ON, WAX OFF The words “balance” and “workout” are generally associated with yoga, and while it’s true that yogis are champions of standing on one foot, so are martial artists. According to an article published by the martial arts academy chain Evolve MMA, “Martial arts works out the entire body, from the base, to the upper torso, to the all-important core ... Practicing martial arts will improve your balance, which then, of course, improves the quality of your life.” By incorporating martial arts and yoga into your workout regimen, you’ll be able to perform impressive party tricks and stay on your feet if you lose your balance. DO YOU EVEN LIFT, BRO? For building muscle and increasing your strength, nothing beats weightlifting, whether you’re using dumbbells at home or machines at the gym. Lifting weights also helps burn fat. Speaking with SELF, Rilinger called the practice “the mother of all weight loss techniques, the highest in the workout food chain, the top of the totem pole.” Of course, the most important thing to consider when choosing a workout is whether you enjoy it enough to squeeze it into your schedule. If you resent every drop of sweat, it will undoubtedly take you longer to reach your goal than if you look forward to the challenge.
With hot yoga, barre, Pilates, weightlifting, kickboxing, and more, personal fitness companies offer every workout you need to stay in shape. But sometimes, having dozens of choices can be more anxiety-inducing than having just a few. When it comes to finding the right workout to help you reach your goal, whether it’s weight loss, better balance, or more muscle, it’s best to seek advice from the experts.
DROP IT LIKE A POUND When it comes to weight loss, full-body workouts, like swimming, running, and cycling, are the most effective. “The more muscles you have to incorporate, the more calories you’re going to burn because those muscles all require energy in order to work,”Nike Master Trainer Holly Rilinger told SELF magazine. Regardless of the activity you choose, Rilinger recommends interval training as the best method. By combining bursts of intense effort with periods of active rest, you can keep your heart rate jumping and those calories burning.
Stop and Frisk
If the police do initiate a lawful stop, they may conduct a frisk, but they can only seize an item if, based on their training, they believe the suspect is armed and dangerous. However, reasonable suspicion of drug possession alone does not provide adequate grounds for the officer’s belief that the suspect possessed drugs. Keep in mind that an officer is permitted to seize an item if the frisk reveals by touch that it could either be a weapon or contraband. This type of scenario requires that the Commonwealth elicit very specific testimony from the police offer with regards to the stop, search, and arrest.
A motion to suppress evidence is often a criminal defense lawyer’s strongest tool. It’s based on Article I, Section 8 of the Pennsylvania Constitution and the Fourth and 14th Amendment to the United States Constitution. Pennsylvania courts are very clear that a police officer may stop an individual based on an observation of a single alleged drug transaction, even if the officer can’t identify the actual item in question. Police may initiate the stop provided the Commonwealth establish a nexus among the officer’s training, experience, and actual observation.
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Gambone Law
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INSIDE THIS ISSUE
PennDOT’s New DUI Form
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Bizarre Personal Injury Cases Stay Safe While Camping
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Find the Right Workout for You A Motion to Suppress Evidence
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The Best Movies About Dogs
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Dog Movies for Dog Days Beat the Heat With a Canine Movie Marathon
and a spaghetti scene that rivals the balcony monologues from“Romeo and Juliet.”One of the few animated Disney classics about animals that won’t have you in tears, this is a movie the whole family can enjoy together.
year following the star’s heliacal rise. Still, it’s a pretty good excuse to escape the heat with a dog movie marathon. Here are the films we recommend. ‘AIR BUD’ Most people remember “Air Bud” for the wild loophole, “Ain’t no rule says a dog can’t play basketball,” but this movie is about much more than a dog playing ball. After the death of his father, 12-year-old Josh Framm feels depressed and distant from his family. Enter a stray golden retriever named Buddy, who teaches Josh how to open his heart again. The two bond and learn lessons in overcoming loss, fighting for what you love, and, yes, playing basketball. “Air Bud” spawned a number of sequels and spin-off movies, but this first film is a true classic. ‘LADY AND THE TRAMP’ “Lady and the Tramp” is the classic story of two dogs who come from different worlds: the refined, loyal Lady and the rogue with a heart of gold, Tramp. This movie has music, laughs,
‘HOMEWARD BOUND: THE INCREDIBLE JOURNEY’
Looking for a bit more action in your animal movies? “Homeward Bound: The Incredible Journey” delivers! After three beloved pets are left behind when their family goes on vacation, they trek across the Sierra Nevada wilderness to be reunited with the humans they love. Their adventure has thrills, close calls, and a heartwarming ending that will make you want to hug your pets close. When it’s too hot to go outside, make some popcorn and enjoy these great movies with your family. Don’t worry, none of the dogs die at the end.
We’re well into the dog days of summer, the hottest, most humid days of the year. These weeks have nothing to do with real dogs; they were nicknamed after the “dog star” Sirius by the Greeks to reflect the hottest time of the
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