Recent Cases Which May Be Helpful In Your Defense Of A Pennsylvania DUI

1. Commonwealth v. Shaw: Blood results not admissible if taken for independent medical purposes and not supported by either warrant or exigent circumstances.
   
   
2. Commonwealth v. Stringer: Horizontal Gaze Nystagmus test not admissible because no adequate scientific foundation.
   
   
3. Commonwealth v. Scavello: A driverıs avoidance of a roadblock does not give rise to reasonable suspicion. "There is no requirement that a driver go through a roadblock." Id. at 338. "[A] motoristıs avoidance or attempt to avoid a police roadblock must be coupled with other articulable facts in order to give a police officer reasonable suspicion that the motorist is in violation of the Vehicle Code or that criminal activity is afoot."
   
   However, "if police should observe a violation of the Motor Vehicle Code or have a reasonable suspicion that the vehicle which is avoiding the roadblock is involved in criminal conduct, such observation or suspicion, which can be articulated with particularity, would be the basis for a vehicle stop."
   
   
4. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.
   
   
5. U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.
   
   
6. U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.
   
   
7. Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.