Académique Documents
Professionnel Documents
Culture Documents
`Notifications
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After 48 hours, vehicle becomes abandoned
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1st Notice is sent by certified mail to last known registrant
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Owner has 7 days to respond/recover vehicle
If owner believes vehicle should not have to be moved, but court disagrees: 48 hours to recover vehicle
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2nd Notice sent 48 hours to respond/recover vehicle
Salvor/Towing
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Must contact a department authorized salvor
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SALVOR TAKING VEHICLE WILL NOTIFY PENNDOT WITHIN 48 HOURS
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Fill out Assignment Report and Request For Removal forms
Assignment Report
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Special Instructions for BLOCK 24, include:
Damage to vehicle
Towed by/to
Indicate that Unattended vehicle Tag was made and attached to vehicle
DUI
Licensing
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If convicted of DUI and sentenced to ARD, the department shall retain record of ARD for 10 years
States shall notify the home state of any driving offense committed by an out-of-state driver.
The licensing authority of the home state (PENNDOT) will institute suspension/revocation/limitation of licenses for DUI
offenses committed in other states
Implied Consent
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General law:
Any person operating a motor vehicle in PA has already given consent to chemical testing of blood, breath, or urine for the
purpose of checking the alcohol content of blood or presence of CS.
Any police officer with reasonable grounds to believe the driver is in violation of a DUI offense may request that the driver
submit to chemical testing.
Also applies to anyone involved in a accident with serious bodily injury or death
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Penalty for Refusal
Refusal must be done at hospital (police must drive to hospital and nurse/phlebotomist must sign off as witness to refusal)
Commonwealth v. Trefry
Police cannot force driver to submit to chemical testing unless: Serious charges are involved.
OConnell Warnings
Given in place of Miranda Warnings because the violator is not entitled to an attorney prior to chemical testing
DUI Basics
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Legal Limits
You can be charged with a DUI offense under 3802 (a)(1) even if you are under .08, if you have consumed enough alcohol to be
incapable of safe driving
Minors - .02
Chemical testing for BAC must be conducted within 2 hours of the person last operating the vehicle.
Exception: Good cause AND proof that the driver did not consume any alcohol between arrest and testing
Driver is entitled to get additional chemical testing done by a physician of his choice
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Ignition Interlock
System installed in vehicle that requires operated to blow less than .025 in order to start vehicle.
S3808
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o
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High
Highest
Illegal to operate a vehicle not equipped with an interlock if operator is required to use one.
Illegal to tamper with an interlock.
Penalty:
Ungraded Misdemeanor
90 days in prison
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Grading
Fine
Inprisonment
~3802 (a)(1):
Incapable of safe driving
~3802 (a)(2):
.08 - .099
1st
2nd
Ungraded Misdemeanor
Ungraded Misdemeanor
$300
$300 - $2,500
3rd +
Misdemeanor 2
$500 - $5000
6 mo. probation
5 days in prison + 12 mo license
suspension
10 days in prison + 12 mo suspension
~3802(a)(1):
Incapable of safe driving
with crash/injury
~3802(b):
.10 - .159
~3802(e):
Minors .02
~3802(f):
CDL .04 or
School Veh. .02
1st
Ungraded Misdemeanor
$500 - $5000
2nd
Ungraded Misdemeanor
$750 - $5000
3rd
Misdemeanor 1
$1500 - $10,000
4th +
Misdemeanor 1
$1,500 - $10,000
~3802(a)(1):
Incapable of safe driving
after refusal
~3802(c):
.16 and higher
~3802(d):
Controlled Substances
1st
Ungraded Misdemeanor
$1,000 - $5,000
2nd
Misdemeanor 1
$1,500
3rd +
Misdemeanor 1
$2,500
Reporting:
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Criminal Complaint
Include ALL observations that led you to believe operator was DUI
Include ALL observations during personal contact and pre-arrest screening/field sobriety tests
Commonwealth v. Flowers
Complete for EVERY arrest made for DUI, even cases when charges will not be filed
When charging 3802 (a)(1) with BAC less then legal limit:
If you have data for Block 51 fill out an Intoxicating Source Information Page
Rule 519:
If the operator poses no threat to himself or others AND will show up for court when summoned: release him to the
custody of a family member/friend
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Ensure family member/friend is 18 yrs old
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Record RULE 519 and the name of the person to which the subject was released in BLOCK 61
Vehicle in motion
Personal contact