The Pennsylvania attorney general is the chief law enforcement officer of the Commonwealth of Pennsylvania . It became an elected office in 1980. The current attorney general is Democrat Michelle Henry .
61-623: On August 15, 2016, then-Attorney General Kathleen Kane was convicted of criminal charges, including conspiracy, perjury, and obstruction of justice, and announced her resignation the following day, effective August 17. Consequently, as the Solicitor General , Bruce Castor assumed the office as Acting Attorney General. Governor Tom Wolf nominated Bruce Beemer to serve out the remaining balance of Kane's term which expired in January 2017. Democrat Josh Shapiro succeeded Beemer. Shapiro
122-588: A Bachelor of Science degree in international studies from the University of Scranton in 1988 and J.D. from Temple University Law School in 1993. Kane was an attorney at Post & Schell P.C., a Philadelphia law firm , prior to 1995 and handled civil cases . From 1995 to 2007, she served as an assistant district attorney for Lackawanna County, Pennsylvania , where she prosecuted hundreds of sex-abuse, elder abuse, murder, assault, rape, public corruption, and fraud cases. In 2007, Kane worked for
183-412: A horse-drawn vehicle , bicycling, or skateboarding, possibly with different BAC level than driving. In some jurisdictions, there are separate charges depending on the vehicle used. In Washington state, for instance, BUI (bicycling under the influence) laws recognize that intoxicated cyclists are likely to primarily endanger themselves. Accordingly, law enforcement officers are empowered only to protect
244-637: A 2009 grand jury investigation, and an internal memo leaked to the Philadelphia Daily News which outlined details of the 2009 investigation. The leaks came at a time when Kane was under intense criticism for failure to effectively prosecute Democrats, both in a bribery sting investigation in Philadelphia, and a pay-to-play scandal involving the Pennsylvania Turnpike . Kane believed former state prosecutor Frank Fina
305-555: A car crash. In March 2022, she was arrested for DUI after a two-car collision involving her car about 3 miles from her house in Scranton . She failed a field sobriety test and refused to take a breathalyzer test . She then checked herself into addiction recovery center for 45 days, after which she was incarcerated since the DUI represented a violation of her probation conditions. In May 2022, after she admitted violating her probation,
366-420: A corruption investigation begun under her predecessor, saying that "the undercover investigation was poorly managed and badly executed, and relied on an undercover operative whose credibility had been compromised." Kane also asserted she had documentation to support her assertion that racism marred the sting. The investigation was following up on reports of corruption among current Philadelphia politicians, all of
427-711: A drug other than alcohol or cannabis. Drivers who have smoked or otherwise consumed cannabis products such as marijuana or hashish can be charged and convicted of impaired driving in some jurisdictions. A 2011 study in the B.C. Medical Journal stated that there "...is clear evidence that cannabis, like alcohol, impairs the psychomotor skills required for safe driving." The study stated that while "[c]annabis-impaired drivers tend to drive more slowly and cautiously than drunk drivers,... evidence shows they are also more likely to cause accidents than drug and alcohol-free drivers". A more recent 2023 study found that when compared to alcohol, "the impairment effect of marijuana on driving
488-440: A judge revoked her probation and ordered her into treatment. Driving under the influence Driving under the influence ( DUI ) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs (including recreational drugs and those prescribed by physicians ), to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for
549-591: A leak of confidential grand jury information about an investigation once run by Fina, one that she believed showed he had failed to aggressively pursue corruption allegations against the onetime head of the Philadelphia NAACP. In searching for information to discredit Fina, she discovered a trove of emails containing pornography and other offensive content that were exchanged among state prosecutors, defense lawyers, and judges, including two former Supreme Court justices. Porngate, as it came to be called, led to
610-519: A period after Kane resigned, and before Democratic Governor Tom Wolf could appoint Bruce Beemer to the post. Castor remained in service to Beemer, reverting to his role as solicitor general for several weeks before resigning to return to the private sector. On October 1, prosecutors filed an additional perjury charge against Kane. This second charge related to the alleged violation of a secrecy oath that Kane signed in January 2013, also relating to grand jury leaks. In continuing as attorney general with
671-467: A private law firm in Scranton, Pennsylvania , and took a position with the 2008 Hillary Clinton presidential campaign . Kane announced her candidacy for Pennsylvania Attorney General in the 2012 election. She received endorsements from U.S. President Bill Clinton and The Philadelphia Inquirer during the Democratic primary. Her primary opponent, former U.S. Representative Patrick Murphy ,
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#1732782461472732-564: A statewide grand jury—starting toward establishment in early 2014 —and a hotline which garnered another 250 cases to investigate. Some twenty troopers operated the phones and assistant AG Daniel J. Dye led the case in the Diocese of Altoona-Johnstown and was still sifting the other reports in 2016. State Representative Thomas R. Caltagirone , minority chairman of the Judiciary Committee and former opponent of legislation to extend
793-716: A suspended license, Kane delegated legal responsibilities to her top advisers. On November 1, 2015, Kane announced a team of special prosecutors to lead the 'Porngate' investigation at the National Constitution Center. Kane's criminal trial began on August 8, 2016. One week later, on August 15, she was convicted on all nine counts. The next day, Kane announced her resignation as attorney general, effective August 17. State Solicitor General Bruce Castor, Kane's second-in-command, became acting Attorney General once her resignation took effect. Sentencing for her case took place on October 24, 2016, where she received
854-709: A term of 10–23 months in prison. A tribunal of judges on the Superior Court of Pennsylvania affirmed her conviction in May 2018. The court rejected her arguments that the special prosecutor lacked legitimacy and that she should have been allowed to present evidence of a child pornography scandal in the Attorney General's office. She was ordered to report to the Montgomery County, Pennsylvania prison on November 29. Four months after her imprisonment
915-457: A worker who drives has a health condition which can be treated with opioids , then that person's doctor should be told that driving is a part of the worker's duties and the employer should be told that the worker could be treated with opioids. Workers should not use impairing substances while driving or operating heavy machinery like forklifts or cranes . If the worker is to drive, then the health care provider should not give them opioids. If
976-763: Is recognized by all fifty states in the U.S., Canada, and the United Kingdom and DRE training in the use of the twelve-step [MS1] process is scientifically validated by both laboratory and field studies. U.S. states prohibit the operation of a motor vehicle while under the influence of drugs, including marijuana. For example, in Illinois it is illegal to operate a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances. Under that law, an individual can be arrested for driving under influence of cannabis at any THC level, including under
1037-508: Is relatively mild" since drivers using cannabis "drive slower, avoid overtaking other vehicles, and increase following distances." In Canada, police forces such as the Royal Canadian Mounted Police have "...specially trained drug recognition and evaluation [DRE] officers... [who] can detect whether or not a driver is drug impaired, by putting suspects through physical examinations and co-ordination tests. In 2014, in
1098-733: Is the act of driving under the influence of alcohol . A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is involved in 30% of all traffic fatalities . It is not known nationally how many people are killed each year in crashes involving drug-impaired drivers because of data limitations, but one study of drivers who were seriously injured in crashes found that 23.6% of drivers were positive for alcohol and 12.2% were positive solely for alcohol. For drivers suspected of drug-impaired driving , drug testing screens are typically performed in scientific laboratories so that
1159-515: The Constitution of Pennsylvania requires the attorney general to be a licensed attorney, the court said in its order that it was not removing Kane from office. Subsequently, Kane appointed former Montgomery County District Attorney and County Commissioner Bruce L. Castor, Jr. , a Republican, as Solicitor General of Pennsylvania to assume her executive decision making authority, a position Castor retained until becoming acting attorney general for
1220-592: The Penn State child sex abuse scandal (an investigation which showed that no legal wrongdoing by Corbett took place), and brought criminal charges against former turnpike officials (and then dealt plea bargains with the accused parties, which resulted in none of the accused serving any jail time). Kane made national headlines in July 2013, when she refused to defend Pennsylvania's gay marriage prohibition in court. On March 17, 2014, Kane announced that she had shut down
1281-452: The driver's seat of a car while intoxicated and holding the car keys, even while parked, may be charged with DUI because they are in control of the vehicle. In contrast, California only makes it illegal to drive a motor vehicle while under the influence, requiring actual "driving". "The distinction between these two terms is material, for it is generally held that the word 'drive,' as used in statutes of this kind, usually denotes movement of
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#17327824614721342-462: The statute of limitations for the crimes, had come to favor such legislation in 2016. National Catholic Register criticized Kane's handling of the sex abuse scandal in the Diocese of Altoona-Johnstown, as charges still could have been filed against individuals who had taken part in a hush money ring which was created by former Bishop Joseph Adamec , and noted that she herself was a Catholic. Kane
1403-560: The Canadian province of Ontario, Bill 31, the Transportation Statute Law Amendment Act, was introduced to the provincial legislature. Bill 31 contains driver's license "...suspensions for those caught driving under the influence of drugs, or a combination of drugs and alcohol. Ontario police officers "...use Standard Field Sobriety Tests (SFSTs) and drug recognition evaluations to determine whether
1464-587: The Montgomery County Correctional Facility to begin serving her 10–to-23-month prison term after having exhausted her appeal efforts. On July 31, 2019, Kane was released from Montgomery County Prison. On April 30, 2022, she was taken back into custody for an alleged violation of probation by driving under the influence . Kane was born Kathleen Margaret Granahan and grew up on the west side of Scranton, Pennsylvania , where she attended West Scranton High School . Kane received
1525-453: The case of opioids, nausea. Other prescription drugs including antiepileptics and antidepressants are now also believed to have the same effect. In the last ten years, there has been an increase in motor vehicle crashes, and it is believed that the use of impairing prescription drugs has been a major factor. Workers are expected to notify their employer when prescribed such drugs to minimize the risk of motor vehicle crashes while at work. If
1586-923: The commonwealth and reviews all proposed rules and regulations by commonwealth agencies. The attorney general also serves as a member of the Board of Pardons, the joint Committee on Documents, the Hazardous Substances Transportation Board, the Board of Finance and Revenue, the Pennsylvania Commission on Crime and Delinquency, the Civil Disorder Commission and the Municipal Police Officers Education and Training Commission. There have been four styles of selection of Pennsylvania Attorney General. The first phase
1647-439: The commonwealth, including organized crime and public corruption, as well as civil litigation on behalf of some, but not all, commonwealth agencies and the civil enforcement of some commonwealth laws, including laws pertaining to consumer protection and charities. The attorney general may act on behalf of consumers to issue cease and desist orders. The attorney general represents the commonwealth in all actions brought by or against
1708-491: The cyclist by impounding the bicycle rather than filing DUI charges. George Smith, a London Taxi cab driver , ended up being the first person to be convicted of driving a motor vehicle while intoxicated, on September 10, 1897, under the "drunk in charge" provision of the 1872 Licensing Act . He was fined 25 shillings , which is equivalent to £179 in 2023. Drunk driving (or drink-driving in British English )
1769-584: The equivalent), necessary to sustain a DWI or DUI conviction based on a chemical blood alcohol test. In the US, field sobriety tests are voluntary; however, some states mandate commercial drivers accept preliminary breath tests (PBT). The Drug Evaluation and Classification program is designed to detect a drug impaired driver and classify the categories of drugs present in his or her system. The procedures are used post-arrest to gather evidence for trial, rather than for probable cause, as they would be difficult to conduct at
1830-470: The first such occurrence for a Pennsylvania attorney general. On August 15, 2016, Kane was convicted of all charges, including two felony perjury charges, conspiracy, and obstruction of justice, and she announced her resignation the following day, effective August 17. Four months after her imprisonment was sanctioned, Kane was disbarred by the Supreme Court. On November 29, 2018, she reported to
1891-404: The grand jury leaks. That same day, Governor Tom Wolf publicly called on Kane to resign. However, Kane denied the charges and announced that she would not resign. On August 24, Kane was ordered to stand trial on charges she leaked secret grand jury information to the press, lied under oath about it and ordered aides to illegally snoop through computer files to keep tabs on an investigation into
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1952-437: The influence (DUI). However, no matter the level of THC, law enforcement officers base arrests on observed impairment." In Colorado, if consumption of marijuana is impairing your ability to drive, "it is illegal for you to be driving, even if that substance is prescribed [by a doctor] or legally acquired." Prescription medications such as opioids and benzodiazepines often cause side effects such as excessive drowsiness, and, in
2013-624: The influence of David Lloyd , who served 1686–1710, Pennsylvania developed its first judicial system. Andrew Hamilton , who served 1717–1726, strongly influenced Pennsylvania law away from some aspects of the British system. Kathleen Kane Kathleen Margaret Kane (née Granahan ) is an American former politician and lawyer who served as the attorney general of Pennsylvania from 2013 until her resignation in 2016, following her conviction for perjury , obstruction of justice , and related charges for illegal activities while she
2074-403: The influence of drugs" (DUID), or "drug-impaired driving". In the United States, the specific criminal offense is usually called driving under the influence, but states may use other names for the offense including "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", and "operating a vehicle under the influence" (OVI). In typical usage of
2135-481: The influence" (OUI), "operating [a] vehicle under the influence" (OVI), "drunk in charge", or "over the prescribed limit" (OPL) (in the UK). Alcohol-related DUI is referred to as "drunk driving", "drunken driving", or "drinking and driving" (US), or "drink-driving" (UK/Ireland/Australia). Cannabis-related DUI may be termed "driving high", and more generally drug-related DUI may be referred to as "drugged driving", "driving under
2196-510: The leaks. The leak, it was stated, was done to embarrass rival prosecutors involved in the case. Prosecutors called two witnesses—a top Kane aide and the lead investigator in the case against her—whose testimony paralleled a 42-page probable cause affidavit filed against her. On September 21, the Pennsylvania Supreme Court unanimously suspended Kane's license to practice law, as a result of the criminal charges. Although
2257-796: The legislature (similar to how the United States Attorney General is appointed by the president of the United States ). This remained in the Constitutions of 1838, 1874, and 1968. In 1978, voters approved an amendment to the Pennsylvania Constitution making the office of the Pennsylvania Attorney General an elected position, effective as of the general election of 1980. Note that before William Penn , there were attorneys general for New Sweden as early as 1643. Under
2318-420: The number of crashes by identifying unfit drivers and revoking their licenses until their fitness to drive has been established again. The medical-psychological assessment works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach, and offers the chance of individual rehabilitation to the offender. The laws relating to DUI vary significantly between countries, particularly
2379-472: The offense in various jurisdictions. The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In various jurisdictions the offense is termed "driving under the influence" [of alcohol or other drugs] (DUI), "driving under the influence of intoxicants" (DUII), "driving while impaired" (DWI), "impaired driving", "driving while intoxicated" (DWI), "impaired driving", "operating while intoxicated" (OWI), "operating under
2440-599: The officer believes the driver is under the influence of drugs." In the province of Manitoba, an "...officer can issue a physical coordination test. In B.C., the officer can further order a drug recognition evaluation by an expert, which can be used as evidence of drug use to pursue further charges." In the US state of Colorado, the state government indicates that "[a]ny amount of marijuana consumption puts you at risk of driving impaired." Colorado law states that "drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under
2501-485: The per se legal limits if an Officer believes the individual is impaired by cannabis. It can be important to perform testing soon after a traffic stop, as THC plasma levels decline significantly after the passage of one or two hours. A number of companies are developing roadside THC breathalyzers that may be used by the police to help identify drivers impaired by the use of marijuana. Some nations use saliva swabs to test for THC levels at roadside, but questions remain about
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2562-468: The position since it ceased being an appointed office in 1980. Kane received more votes than President Obama or Senator Casey did in Pennsylvania during the 2012 elections ; her total number of votes was then the fourth highest of any politician in Pennsylvania electoral history. Kane appointed former federal prosecutor H. Geoffrey Moulton Jr. to investigate Governor Tom Corbett 's handling of
2623-604: The potential fines and criminal charges, discourage impaired driving, and encourage drivers to take taxis or public transport home after using alcohol or other drugs. In some jurisdictions, a bar or restaurant that serves an impaired driver may face civil liability for injuries caused by that driver. In some countries, non-profit advocacy organizations, a well-known example being Mothers Against Drunk Driving (MADD) run their own publicity campaigns against drunk or impaired driving. The United States Department of Transportation (USDOT) regulates many occupations and industries, and has
2684-465: The reliability of saliva testing. In the US state of Colorado, impaired drivers may be charged with child endangerment if they are arrested for DUI with minor children in the vehicle. "Wet reckless" is a term used informally when a driver takes a plea bargain, agreeing to plead guilty to reckless driving in exchange for the elimination of the drunk driving charge. In California, a driver may not be charged or arrested for "wet reckless" driving, and
2745-559: The results will be admissible in evidence at trial. Due to the overwhelming number of impairing substances that are not alcohol, drugs are classified into different categories for detection purposes. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving. In the US, one study found that 25.8% of drivers seriously injured in crashes tested positive for cannabinoids, 13.6% tested positive solely for cannabinoids, and 24.6% tested positive for
2806-418: The retirements or resignations of more than a half-dozen high-profile public officials, including onetime Supreme Court Justices Seamus P. McCaffery and J. Michael Eakin. Kane said repeatedly that she believed her criminal case was "corruptly manufactured" by a club of "good ol' boys" bent on preventing her from making those emails public – although many of them were eventually released. On January 21, 2015, it
2867-557: The scene. Initially developed by the Los Angeles, California, Police Department in the 1970s, the DEC program breaks down detection into a twelve-step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by. The twelve steps are: DREs are qualified to offer expert testimony in court that pertains to impaired driving on drugs. The DEC program
2928-498: The sole function of the charge is as a possible disposition following a plea bargain for a driver charged with DUI. In the case of a crash, car insurance may be automatically declared invalid for the intoxicated driver; the drunk driver would be fully responsible for damages. In the American system, a citation for driving under the influence also causes a major increase in car insurance premiums. The German model serves to reduce
2989-571: The suspects belonged to the Democratic Party. In response, the Committee of Seventy called on the state legislature to designate an independent counsel to investigate the closing of the case. Local prosecutors in Philadelphia picked up the case, and secured a number of guilty pleas as well as grand jury indictments. As part of renewed attention in the state to Catholic Church child sexual abuse and cover-up accusations, Kane initiated
3050-435: The terms DUI, DWI, OWI, and OVI, the offense consists of driving a vehicle while affected by alcohol or drugs. However, in the majority of US states, the criminal offense may not involve actual driving of the vehicle but rather may broadly include operating or being physically in control of a motor vehicle while under the influence, even if the person charged is not in the act of driving. For example, individuals found in
3111-429: The thresholds at which a person is charged with a crime. In many countries, sobriety checkpoints (roadblocks of police cars where drivers are checked), driver's licence suspensions, fines, and prison sentences for DUI offenders are used as part of an effort to deter impaired driving. In addition, many countries have prevention campaigns that use advertising to make people aware of the danger of driving while impaired and
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#17327824614723172-430: The vehicle in some direction, whereas the word 'operate' has a broader meaning so as to include not only the motion of the vehicle but also acts which engage the machinery of the vehicle that, alone or in sequence, will set in motion the motive power of the vehicle." Many DUI laws apply also to motorcycling, boating , piloting aircraft, use of mobile farm machinery such as tractors and combines, riding horses or driving
3233-451: The worker is to take opioids, then their employer should assign them work which is appropriate for their impaired state and not encourage them to use safety sensitive equipment. Field sobriety tests are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet " probable cause for arrest " requirements (or
3294-507: Was attorney general. She was the first woman and first Democrat ever elected to the position. In August 2015, Kane was charged with multiple offenses related to her position as attorney general, including a felony perjury charge, and an array of misdemeanors that included official oppression, obstruction, and related conspiracy charges. In September 2015, the Supreme Court of Pennsylvania suspended Kane's license to practice law,
3355-557: Was behind a March 2014 story in the Inquirer that disclosed that she had secretly shut down a sting investigation that had recorded Philadelphia Democrats accepting cash, money orders, or gifts from an undercover operative. Fina, for many years the head of corruption cases for the Attorney General's Office, launched the sting before Kane took office in 2013. After the Philadelphia Daily News article, Kane orchestrated
3416-614: Was colonial, with the first attorney general commissioned in 1683. At the outbreak of the Revolution, the sitting attorney general, a loyalist, fled, and new attorneys general were appointed, under the Constitution of 1776, by the state president (or vice-president) with the Supreme Executive Council . Under the new constitution of 1790, attorneys general were appointed by the governor, subject to approval by
3477-525: Was elected governor in 2022 , and appointed Michelle Henry as his successor in 2023. Henry was confirmed by the Pennsylvania Senate in her own right later that year. The Commonwealth Attorneys Act of 1980 established the Office of Attorney General as an independent office headed by an elected attorney general. The office has the responsibility for the prosecution of those crimes prosecuted by
3538-540: Was endorsed by former Pennsylvania Governor Ed Rendell and the Pittsburgh Post-Gazette . Kane defeated Murphy 53% to 47%. In the general election , Kane won by 14.5 percent over Cumberland County District Attorney David Freed who ran unopposed in the Republican primary. The win made Kane the first woman elected State Attorney General in Pennsylvania, and the first Democrat elected to
3599-440: Was made public that the grand jury recommended criminal charges related to these leaks against Kane for " perjury , false swearing, official oppression and obstruction of law." On August 6, Kane was charged by Montgomery County District Attorney Risa Vetri Ferman with one count of perjury , one count of false swearing, three counts of obstructing administration of law, and four counts of official oppression in connection with
3660-431: Was mentioned as a potential Democratic candidate for the 2016 U.S. Senate election against Republican incumbent Pat Toomey . However, Kane declined to run, instead announcing that she would seek a second term as attorney general in 2016. She later announced that she would not run for re-election. Beginning in 2014, a grand jury investigated the leaking of two memos which allegedly came from Kane's office: one from
3721-538: Was sanctioned, Kane was disbarred by the supreme court. Kane lived in Clarks Summit, Pennsylvania , with her husband Chris Kane, an executive and co-owner in his family's trucking and warehouse company. They have two sons. She filed for divorce in family court in Lackawanna County, Pennsylvania , on December 26, 2014. In October 2014, Kane said she was suffering from a concussion she sustained in
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