Pennsylvania DUI Attorney
Arrest
"Probable cause exists where the officer has knowledge of sufficient facts and circumstances to warrant a prudent person to believe that the driver has been driving under the influence of alcohol or a controlled substance." Commonwealth v. Welshans, 397 Pa.Super. 439, 580 A.2d 379, 381 (1990).
Where the officer smelled a strong odor of alcohol, the motorist slurred his speech and also became verbally combative, the court said that the driver “appeared to be the quintessential drunk driver. We have no difficulty determining that these circumstances warranted the officer's belief that Appellant had been driving under the influence of alcohol.” Commonwealth v. Hillier, 943 A.2d 984 (Pa.Super.,2008).
"Probable cause to arrest exists when the facts and circumstances within the police officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested." Commonwealth v. Dommel, 885 A.2d 998, 1002 (Pa.Super.2005), appeal denied, 591 Pa. 722, 920 A.2d 831 (2007) (quoting In re C.C.J., 799 A.2d 116, 121 (Pa.Super.2002)). "Probable cause justifying a warrantless arrest is determined by the 'totality of the circumstances.' " Id. (quoting Commonwealth v. Myers, 728 A.2d 960, 962 (Pa.Super.1999)). Furthermore, "probable cause does not involve certainties, but rather 'the factual and practical considerations of everyday life on which reasonable and prudent [persons] act.' " Id. (quoting Commonwealth v. Wright, 867 A.2d 1265, 1268 (Pa.Super.2005), appeal denied, 583 Pa. 695, 879 A.2d 783 (2005), cert. denied, 546 U.S. 1104, 126 S.Ct. 1047, 163 L.Ed.2d 879 (2006)).
Furthermore, "a police officer may utilize both his experience and personal observations to render an opinion as to whether a person is intoxicated." Commonwealth v. Kelley, 438 Pa.Super. 289, 652 A.2d 378, 382 (1994) (citing Commonwealth v. Bowser, 425 Pa.Super. 24, 624 A.2d 125 (1993)).