The United States Supreme Court has repeatedly stated that “presumption of innocence” is a mandate that requires the Commonwealth or the State to prove an individual guilty before he or she is considered as such
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. However, The Pennsylvania Senate has decided to eliminate this presumption of innocence by approving Senate Bill 1239. According to the legislation, prosecutors will be allowed to charge suspects of Driving Under the Influence (DUI) as repeat offenders if they are re-arrested for a DUI BEFORE they are convicted for the 1st offense. The legislation ASSUMES that the individual will be GUILTY of the 1st DUI, without their Due Process. If you or anyone you know has been charged with a DUI, it is important to have them contact one of the DUI specialists at Giribaldi & Manaras, P.C.