http://www.drunkdrivingduilawblog.com/dui-arrests/pennsylvania-police-arrest-amish-man-in-buggy-on-dui-charges/ DUI Legal News - DUI Lawyers Thu, 02 Sep 2010 02:50:25 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://www.drunkdrivingduilawblog.com/dui-arrests/pennsylvania-police-arrest-amish-man-in-buggy-on-dui-charges/comment-page-1/#comment-9863 Justin J. McShane, Esquire Wed, 09 Dec 2009 00:51:48 +0000 http://www.drunkdrivingduilawblog.com/?p=1056#comment-9863 As funny and as quaint as this story may seem, it involves a real life human being who probably does not have access to the internet to learn that this type of arrest is in fact illegal and improper under prevailing Pennsylvania case law. The law is settled and has been so since 2004 by the Pennsylvania Supreme Court in Commonwealth v. Noel that arresting a horse bound rider pursuant to 75 PS 3103 and subjecting him or her to the provisions of the Vehicle Code and specifically DUI is impermissible as the authorizing statute (law) (75 PS 3103) was found to be unconstitutionally vague. As funny and as quaint as this story may seem, it involves a real life human being who probably does not have access to the internet to learn that this type of arrest is in fact illegal and improper under prevailing Pennsylvania case law. The law is settled and has been so since 2004 by the Pennsylvania Supreme Court in Commonwealth v. Noel that arresting a horse bound rider pursuant to 75 PS 3103 and subjecting him or her to the provisions of the Vehicle Code and specifically DUI is impermissible as the authorizing statute (law) (75 PS 3103) was found to be unconstitutionally vague.

]]>