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THE TOWN LAW BLOG

" Your Guide to Navigating the Law "

New 2026 Pennsylvania DUI Law After ARD: What Act 58 of 2025 Means for Drivers

But a major legal issue developed over whether a prior ARD case could be used against someone later charged with another DUI. Act 58 of 2025 was Pennsylvania’s legislative response. The law created a new DUI offense for people who commit DUI within 10 years after completing ARD or a similar diversion program. It also made changes to DUI grading, ARD procedures, license consequences, and driving-under-suspension penalties.

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If Your Car Is Parked, Can You Still Get a DUI in Pennsylvania?

You can be charged with DUI even if your car was parked, stopped, or not moving when police arrived. That does not mean every parked-car DUI case is strong. It does mean that police and prosecutors may try to argue that you were still in “actual physical control” of the vehicle.

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Can Police Search a Car for a Gun in Philadelphia?

If officers search a vehicle and find a firearm, the legality of the stop and search may become one of the most important issues in the entire case. In many Philadelphia gun cases, the question is not simply whether police found a gun. The question is whether they had the legal right to stop the car, detain the occupants, search the vehicle, and seize the firearm in the first place.

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Can Police Stop You Just Because They Think You Have a Gun in Philadelphia?

Pennsylvania law usually forbids police from stopping someone merely because they think the person has a gun. Learn how Hicks, Hawkins, Jackson, Malloy, and Hawkins-Davenport shape gun-stop suppression motions in Philadelphia.

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Simple Possession vs. PWID in Philadelphia | The Town Law LLC

If you were arrested for drugs in Philadelphia, one of the most important questions is whether the charge is simple possession or possession with intent to deliver, often called PWID. That difference matters.

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Can Police Search Your Car for Drugs in Philadelphia?

Did police have the legal right to search the car in the first place? A drug charge that begins with a traffic stop may involve serious constitutional issues. If police stopped the car illegally, searched without proper legal justification, exceeded the limits of a lawful search, or relied on weak assumptions, the defense may be able to challenge the evidence. In some cases, if the search was illegal, the drugs may be suppressed. If the drug evidence is suppressed, the prosecution may have a much harder time proving the case.

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What Is Constructive Possession in a Philadelphia Gun Case?

Charged with gun possession in Philadelphia even though the firearm was not on you? Learn how constructive possession works, common defenses, and why proximity is not always enough.

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What Happens After a DUI Arrest in Philadelphia?

Arrested for DUI in Philadelphia? Learn what happens after a DUI arrest, from court dates and PennDOT issues to license consequences, ARD, and defense options.

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Bench Trial vs. Jury Trial in Pennsylvania: When Are You Entitled to a Jury?

Learn when you are entitled to a jury trial versus a bench trial in Pennsylvania criminal cases and how the choice can impact your defense strategy.

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