Bisel Logo Pennsylvania Driving Under the Influence — Law & Practice

Third Edition

AUTHORS: MICHAEL STEVEN SHERMAN
and JOSEPH E. VOGRIN, III

Published:August, 2014 (Previous Editions: 2009 & 2011)
Most recent supplement/update: N/A
Library of Congress Number: 2009933431
ISBN: 978-0-9820154-4-5

1 VOLUME, SOFT-COVER, PRICE: $169.00

Announcing the most comprehensive PENNSYLVANIA DUI resource available!

With the enactment of the new DUI law, Act 24, Pennsylvania promulgated legislation that has been hailed as a national model for both treating and punishing drunken drivers, while reducing alcohol-fueled accidents. The three-tiered penalty system both expands treatment programs and stiffens fines and jail sentences for so-called "hard-core" drunken drivers.

Act 24 lowered the legal blood-alcohol limit for motorists from 0.10% to 0.08%, as required by federal law. Perhaps more important, the Act created a new drunken-driving law that imposes increasingly harsher penalties on drunken drivers based on their blood-alcohol content. In effect, the penalty system has been changed to reflect the severity of a driver's impairment. It is anticipated that this comprehensive approach will reduce alcohol-related deaths. There has been an explosion of new appellate DUI cases that have finally been decided by Pennsylvania's Appellate Courts. These cases have addressed issues that have been pending for years. Pennsylvania DUI Law and Practice sets forth and analyzes every appellate decision impacting on DUI practice.

This highly acclaimed, one volume portable book contains all the DUI law and practice material that prosecutors and defense attorneys need, regardless of experience level. Subscribers will find at their fingertips: statutes, regulations, analysis, cases, forms, checklists, sample motions, sample cross-examination, and DUI questionnaire. Also included are approved breath testing devices and labs for blood analysis. This set is indispensable for anyone handling or considering handling DUI cases. Long regarded as Pennsylvania's most comprehensive coverage of DUI law written by attorneys who have "made" some of the law in this area and have extensive experience handling DUI cases, this new practical, attractively priced one volume edition is a must have.

The authors are former Pennsylvania State Police Attorney Michael Steven Sherman, a recognized expert and lecturer in the area of DUI law, and Joseph E. Vogrin, III, a successful counsel in a number of Landmark Supreme Court cases including Commonwealth v. Barud (declaring section (a)(5) of the DUI statute unconstitutional and changing DUI law in Pennsylvania) and Commonwealth v. Petrovich (extrapolation and unabsorbed alcohol). Of special interest, included are Mr. Vogrin's Top 10 Supposed Vehicular Violations Which the Pennsylvania Supreme Court Has Held Aren't Probable Cause to Stop a Motorist and Favorite Probable Cause Decisions Why Police Can't Stop a Motorist.



SUMMARY OF CONTENTS

PART I
DRIVING UNDER THE INFLUENCE
Chapter 1 The Driving While Intoxicated Statute Generally
Chapter 2 While Under the Influence of Alcohol to a Degree Which Renders the Person Incapable of Safe Driving
Chapter 3 Driving Under the Influence of a Controlled Substance
Chapter 4 Driving Under the Combined Influence of Alcohol and a Controlled Substance
Chapter 5 Driving Under the Influence While the Amount of Alcohol by Weight in the Blood of the Person is 0.08% or Greater
Chapter 6 [Reserved]
Chapter 7 Commercial Drivers Prohibited From Driving Under Influence of Alcohol
Chapter 8 Aggravated Assault by Vehicle While Driving Under the Influence
Chapter 9 Minor Prohibited From Operating With Any Alcohol in System
Chapter 10 Double Jeopardy and Defenses
Chapter 11 [Reserved]

PART II
RELATED DUI OFFENSES
Chapter 12 Accidents to Attended Vehicles
Chapter 13 Accidents Involving Death of Personal Injury
Chapter 14 Accidents Involving Death or Personal Injury While Not Properly Licenced
Chapter 15 Accidents Involving Damage to Unattended Vehicle or Property
Chapter 16 Involuntary Manslaughter
Chapter 17 Homicide by Vehicle While Driving Under the Influence
Chapter 18 Homicide by Vehicle
Chapter 19 [Reserved]
Chapter 20 [Reserved]

PART III
PROBABLE CAUSE TO PROSECUTE
Chapter 21 Probable Cause and Reasonable Suspicion
Chapter 22 Field Sobriety Tests
Chapter 23 Prearrest Breath Tests
Chapter 24 Police Roadblocks and Sobriety Checkpoints
Chapter 25 [Reserved]

PART IV
CHEMICAL TESTING
Chapter 26 Clinical Laboratory Act
Chapter 27A Approved Laboratories—Blood Alcohol Content
Chapter 27B Approved Laboratories—Blood/Serum
Chapter 27C Approved Laboratories—Urine Analyses
Chapter 28 Reasonable Grounds for Chemical Testing and License Suspension Consequences
Chapter 29 Chemical Testing Intoxilyzer Tests
Chapter 30 Approved Breath Testing Devices
Chapter 31 Rules and Regulations for Breath Testing Devices
Chapter 32 Blood Tests
Chapter 33 Blood Regulations
Chapter 34 [Reserved]
Chapter 35 [Reserved]

PART V
JURISDICTION
Chapter 36 Jurisdiction and Authority
Chapter 37 Procedural Issues
Chapter 38 Evidentiary Issues

PART VI
PENALTIES
Chapter 39 Sentencing Decisions
Chapter 40 [Reserved]
Chapter 41 [Reserved]

PART VII
MISCELLANEOUS
Chapter 42 Interpretation of DUI Terminology Frequently Encountered in DUI Prosecutions
Appendix A The Most Frequently Used Drunk Driving and Related Motions Forms
Appendix B Checklist to Prove or Disprove Driving, Operating or Actual Physical Control
Appendix C Checklist for Inspection of Logs for Intoxilyzer or Breathalyzer Malfunctions to Prove Malfunctions
Appendix D Checklist of Factors to Establish Probable Cause Generally
Appendix E Checklist of Factors to Establish Probable Cause to Stop a Vehicle
Appendix F Sample Direct & Cross-Examination
Appendix G DUI Questionnaire
Appendix H Penalty Provisions of Act 24 of 2003
Appendix I Derivation Table of § 3801 and § 3731
Appendix J Effective Dates of Act 24—Senate Bill 8—PN 1173
Appendix K Vogrin's Top 10 Supposed Vehicular Violations Which the Pennsylvania Supreme Court Has Held Aren't Probable Cause to Stop a Motorist
Appendix L Vogrin's Favorite Probable Cause Decisions Why Police Can't Stop a Motorist
Appendix M Relevant Statutes
Appendix N Relevant Rules and Regulations

Tables of Cases
Index

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