Anthony L Ciuca

Anthony L Ciuca

August 08, 2019 | The Legal Intelligencer

Warrantless Blood Draw Refusals in DUI Cases Remain Admissible at Trial

The Pennsylvania Supreme Court held that introducing such refusal evidence against a DUI defendant at trial does not violate the Fourth Amendment right to be free from unreasonable searches.

By Anthony L. Ciuca

8 minute read

August 09, 2018 | The Legal Intelligencer

Pa. Supreme Court to Decide Retroactivity of 'Birchfield v. North Dakota'

The Pennsylvania Supreme Court granted allocatur in Commonwealth v. Hays, 2018 Pa. Super. Unpub. LEXIS 176 (Jan. 19, 2018), on July 24, to decide the following: Should Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), apply to all cases not yet final when the decision was rendered?

By Anthony L. Ciuca

8 minute read

June 21, 2018 | The Legal Intelligencer

Pa. Supreme Court Tackles Case Involving DUI Arrestee's Blood Test Refusal

In Pennsylvania, if you refuse to submit a sample of blood for testing without a search warrant after a lawful DUI arrest the commonwealth may introduce evidence of your refusal against you at trial pursuant to 75 Pa.C.S. Section 1547, commonly referred to as the Implied Consent Law.

By Anthony L. Ciuca

1 minute read