Scott Kramer Wins DUI Appeal Case, Could Change DUI Case Law Everywhere
The Pennsylvania Superior Court has issued a recent ruling that may very well “change the game” for future driving under the influence (DUI) prosecutions around the country. Following extensive arguments and debate from defense counsel Scott L. Kramer of the Law Office of Scott L. Kramer in Media, Pennsylvania, the court ruled that a trial judge cannot impose mandatory minimum sentences in DUI cases or trials simply due to the defendant’s decision to refuse warrantless blood tests. This recent ruling looks to last year’s United States Supreme Court’s ruling – Birchfield v. North Dakota – that established warrantless blood tests following DUI stops or arrests were tantamount to an unconstitutional invasion of the suspects right to bodily privacy. This is not only a great case result for Attorney Kramer and his client, but also for DUI defendants everywhere.
Details of the Landmark Case
Defendant Hemant Kohli was found guilty of a DUI in 2013. During his arrest, he did not permit a blood draw for blood alcohol content (BAC) testing due to the fact that the police presented no warrant to do so. The presiding judge imposed a prison sentence of at least 18 months, citing that refusing blood tests after a DUI arrest triggered a mandatory minimum sentence of one year.
Kohli decided not to file for an appeal immediately following the sentencing. He would later use a nunc pro tunc direct appeal, as granted under the Post-Conviction Relief Act, and retain the legal services of Attorney Scott L. Kramer. Recognizing the importance of the Birchfield ruling last year, this would become the center of Kohli and Kramer’s appeal. In accordance to the Superior Court’s ruling, Kohli’s sentence will be reversed and requires remanding.
Although the decision is nonprecedential – meaning that it is not one that automatically applies to similar or previous cases – it has still created an unprecedented note in DUI laws, hearings, and sentencing. Attorney Kramer believes that there will soon be a remarkable influx of new appeals around the country from other DUI defendants that have clients who have been incarcerated, are currently incarcerated, or could soon be incarcerated due to mandatory minimum sentencing for blood and breath test refusals. This case should also impact how prosecutions build or negotiate their cases, as both the Birchfield ruling and the Kohli ruling apply just as much to criminal prosecution as it does criminal defense.
Do you require a highly-experienced Media criminal defense attorney for a DUI case of your own? You can contact the Law Office of Scott L. Kramer to learn about our services, your rights, and our history of success when facing the toughest of criminal defense cases.