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DUI / Double Jeopardy April 26, 2019

Commonwealth v. Perfetto

Supreme Court Victory: Double Jeopardy Defense

The Challenge

The defendant was charged with a summary traffic offense (driving without lights) and a DUI arising from the same incident. In a procedural misstep by the prosecution, the defendant pled guilty to the summary offense first. The Commonwealth then attempted to proceed with the DUI prosecution.

The Legal Strategy

We argued that under Pennsylvania's Compulsory Joinder Rule (18 Pa.C.S. § 110), the Commonwealth is required to prosecute all charges arising from the same criminal episode in a single proceeding. By allowing the summary offense to be resolved separately, the Commonwealth was barred from pursuing the DUI charge due to double jeopardy protections.

The Outcome

In a landmark decision, the Pennsylvania Supreme Court ruled in our favor. The Court reversed the Superior Court's decision and reinstated the trial court's order dismissing the DUI charges.

"This ruling established a critical precedent protecting all Pennsylvania citizens from being prosecuted multiple times for the same incident."

Significance

This case is now cited widely as a definitive interpretation of the Compulsory Joinder Rule, ensuring that prosecutors cannot harass defendants with piecemeal litigation.

Facing a Similar Challenge?

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