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24 Cards in this Set
- Front
- Back
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Driving Under the Influence - Generally
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Driving, operating or being in actual physical control of the movement of a vehicle after consuming sufficient amounts of intoxicating substance that impairs ability to drive safely or gives rise to presumption that individual was incapable of safe driving
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Alcohol Offenses
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General impairment:
- incapable of driving safely and BAC under .08 - Per Se = BAC of .08 - .10 Higher Rate of Alcohol = BAC .10 to .16 Highest Rate of Alcohol = BAC over .16 |
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Controlled Substance and Drug Offenses
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Any amount of designated controlled substances and their metabolites
- schedule I = prohibited - schedule 2 or 3 = M/b prescribed Combined influence of alcohol or drugs |
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DUI by Minors (under 21y)
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Violation = .02 BAC
C/n drive w/ any amount of alcohol = summary offense if c/n prove DUI |
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DUI by Commercial and School Bus Drivers
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Commercial = .04; impairment of any ability to drive safely, or any controlled substance / combination
School = .02; sufficient amount impairing ability to drive safely; or any controlled substance / combo Summary offense if DUI c/n/b proven |
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Homicide by Vehicle While DUI
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Any unintentional killing as a result of DUI violation
Merges w/ Homicide offense = felony 2D (3-10y; 3y for each death in consecutive sentences) |
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Aggravated Assault by Vehicle While DUI
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Negligent causation of serious bodily injury (substantial risk of death, disfigurement, impairment of body)
- NO defense for Contributory Negligence DUI Merges W/ Aggravated Assault |
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Vehicle Stops - Threshold Requirements
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Vehicle, Conduct, Highway
- Vehicle involved - excluding devices used exclusively on rails or tracks - Conduct = operating/actual physical control over vehicle's movement under totality of circumstances (mere presence in front seat w/o more is not enough) - Highway = vehicle M/b on trafficway or highway (d/n include private places where efforts to post public notice that it is private and public use is prohibited) |
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DUI Stops - Reasonable Suspicion
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Officer M/h reasonable belief that vehicle code is being violated supported by a particularized and objective basis (officer's experience and specialized training)
More than a hunch! |
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DUI Stops - Bases to Stop
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Speeding = M/use speed timing procedures (radar for state police); not necessary where police determine under the circumstances that the vehicle poses a safety risk
Erratic Driving = M/b more than momentary and minor! Look at frequency, degree and duration Equipment/Registration Violations = M/b related to authorization to drive or operation of vehicle (i.e. not seat belt violation) Third Party Information = M/b reliable; less showing for IDed informant or if informed by other cops - needs more than mere report of suspicious activity |
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Jurisdiction to Make Stop
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Police officer has no law enforcement authority beyond her jdxn u/l vested w/ extra-jurisdictional powers by law (MPJA)
Exceptions = hot and fresh pursuit; official business; mutual enforcement agreement or request for assistance |
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Vehicle Checkpoints
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USC when organized and operated in substantial compliance w/ judicially-promulgated guidelines (Tarbert/Blouse):
- administrative personnel made decision to hold checkpoint - checkpoint time and place based on verifiable factors - administrative personnel decide which cars to stop - Avoid surprise = signs in advance of checkpoint/advertising - Initial stop M/b brief and c/n include physical search Note: avoid checkpoint if c/b accomplished w/o breaking the law |
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DUI Arrests
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Police M/h PC = known facts and circumstances warrant a person of reasonable caution to believe the motorist was DUI
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DUI Arrests - Field Testing
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Results of field test and pre-arrest breathalyzer not admissible E (can use Nystagmus horizontal gaze test in PA)
Motorist c/n/b compelled to submit, but it m/reflect on state of mind and can result in harsher penalties... no Miranda entitlement pre-field test |
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DUI Arrests - Custodial Detention
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No formal declaration of arrest, but motorist reasonably believes she is not free to leave = incriminating responses w/b suppressed w/o Miranda
Police amy conduct basic questioning, and voluntary incriminating statements are admissible |
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DUI - Physical Testing Generally
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Officer M/h reasonable grounds to believe motorist was DUI to request testing
Implied Consent = by exercise of driving privileges - Revocation of consent m/result in stiffer fines and requires officer to notify person of this and that Miranda d/n apply to chemical testing - no consent when motorist requires emergency treatment AND police have PC (hospital M/do it but has immunity) |
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DUI - Physical Testing
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Chemical Tests - M/b w/in 2h of driving
- PA excused from compliance if produces GC why it wasn't done w/in 2h, the motorist d/n ingest any alcohol or controlled substance b/t arrest and testing (judge's discretion!) Breath Testing = M/b on approved machinery by someone certified AFTER 20m observation; need 2 consecutive samples Blood Testing = at any facility, but analyzed by clinical lab licensed by Dept of Health or state police crime lab - M/show unbroken chain of custody - identity and condition of E remain unimpaired Note: PA does not require preservation of physical test results, but P M/disclose any they do have otherwise grounds for mistrial or bar |
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DUI - Other Evidence
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Can use circumstantial E if no test results
Lay W (including police) opinions admissible based on observation as to whether motorist was intoxicated |
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DUI - Criminal Penalties
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Sanctions = imprisonment, fines, substance abuse treatment
- probation up to 6m if first offense and no refusal of chemical test - conviction carries 5d-5y imprisonment Severity w/b based on priors, refusal of testing, accident involving death or property damage Suspension of Operating Privileges = mandatory for 1y or 18m for 1D misdemeanors - No suspension for first offense where motorist is sentenced to probation, fined $300 and attends a program |
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DUI - Merger
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Lesser included offense merges w/ greater - sentence imposed for the greater
Multiple DUI Offenses = c/b convicted of both but sentenced for only one |
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DUI - Ignition Interlock
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For repeat offenders - installation required on all vehicles (u/l hardship) owned by motorist
- won't start if BAC .025 or more - Criminal violation for operating w/ the BAC level or for tampering - period resets on violation and m/b subject to chemical testing request (if refuses = 6m operating privilege suspension and revocation of ignition interlock license) |
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DUI - Accelerated Rehabilitated Disposition
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Discretionary w/ DA
Ineligible if previously convicted/ARD w/in 10y u/l it was ungraded; DUI violation involved an accident where another was seriously injured or killed; OR motorist had passenger under 14y Waives speedy trial rights; c/b tried if you screw up in the program If BAC not under .10, M/complete safety school, 3-9m operating privilege suspension |
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Driver License Compact of 1961
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PA joined in 1996
Out of state DUI convictions of PA licensees treated as though they occurred in-state (substantially similar to PA DUI law) Will not impose operating privilege suspension if out of state conviction is PA licensee's first DUI |
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Driving under DUI Suspension
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Summary offense = imprisonment of 60-90d and $500 fine
BAC of .02 or any prohibited controlled substance = summary offense and imprisonment of 90d or more + $1k fine Still under suspension until PennDOT reinstates license - Defense = P M/prove D got actual notice of suspension from PennDot (u/l D moves w/o giving new address) VIolator m/b sentenced to intermediate punishment, house arrest, work release or treatment program |
