Pennsylvania Driving Under The Influence - Law & Practice Resource
Third Edition
AUTHORS: MICHAEL STEVEN SHERMAN
and JOSEPH E. VOGRIN, III
1 Volume, Soft-cover
Published:August, 2014 (Previous Editions: 2009 & 2011)
Most recent supplement/update: N/A
Library of Congress Number: 2009933431
ISBN: 978-0-9820154-4-5
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 |
|