Is Birchfield being applied retroactively in Allegheny County? - DUI/DWI Legal Blogs Posted by William R. Pelger - Lawyers.com

Is Birchfield being applied retroactively in Allegheny County?

Q: Believe it or not I was convicted of 5 first-time DUIs that occurred in 2012. It was a bad period of my life, mostly due to an insane ex who knew the cops and set me up. Coercion to plead guilty occurred. Is Birchfield applied and in what manner? Can I get a revised sentence or new trial? (Pittsburgh, PA)

A: Forget about it. Birchfield v. North Dakota cut some breaks to many DUI defendants in 2016. The case is only applicable to cases that were pending trial or on direct appeal at the time of the decision in June of 2016. Your offense occurred in 2012 and therefore is not inclusive in the scope of Birchfield.

DUI, BIRCHFIELD, CONVICTION

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William R. Pelger

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William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS