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Unattended/Abandoned Vehicles

Unattended Vehicle Tag


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Orange Copy attached to vehicle
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White copy used to notify owner/initiate tow service
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Combinations attach to towing vehicle
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Not used in Troop T
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Not used on Private Property

Always conduct CLEAN/NCIC check


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ATTACH CLEAN/NCIC PRINTOUT TO ASSIGNMENT REPORT
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Seize any vehicle with an altered/removed VIN

`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

Information pertinent to incident

Attempts to contact owner

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

Prior Convictions = within a 10-year period


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S. 1543 Driving while suspended

Applies on highways AND trafficways

If found operating a vehicle while under suspension for a DUI violation:

Summary offense, $500 fine, 60-90 days in prison

If BAC .02% or any controlled substance (CS):


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1st Summary, $1000, 90 days in prison
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2nd M3, $2500, 6 months in prison
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3rd and beyond M1, $5000, 2 years in prison
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Drivers License Compact

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

Suspension of license for 12 months.

If convicted of DUI, penalties increased to highest degree of intoxication


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Case Law

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

Required to be given prior to chemical testing

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

.08 - .099 Lowest level of intoxication

.10 - .159 High level of intoxication

.16 or higher Highest level of intoxication

ANY AMOUNT OF CONTROLLED SUBSTANCES = DUI

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

Commercial Drivers - .04

School Vehicles/Buses - .02


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Two hour rule

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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DUI Penalty Chart:


Level of DUI
Offenses
Low

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

$300 - $1000 fine

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

48 hrs in prison + 12 mo suspension

2nd

Ungraded Misdemeanor

$750 - $5000

30 days in prison + 12 mo suspension + 1


yr ingnition interlock

3rd

Misdemeanor 1

$1500 - $10,000

4th +

Misdemeanor 1

$1,500 - $10,000

90 days in prison + 12 mo suspension + 1


yr interlock
1 yr in prison +
18 mo suspension + 1 yr interlock

~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

72 hrs in prison + 12 mo suspension

2nd

Misdemeanor 1

$1,500

3rd +

Misdemeanor 1

$2,500

90 days in prison + 18 mo suspension + 1


yr interlock
1 yr in prison +
18 mo suspension + 1 yr interlock

Reporting:
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Criminal Complaint

Explain reasonable suspicion for stop

Include ALL observations that led you to believe operator was DUI

Explain probable cause for arrest

Include ALL observations during personal contact and pre-arrest screening/field sobriety tests

Commonwealth v. Flowers

Four Corner Rule

Make sure to include:

Past DUI arrests

Every detail that supports DUI charge


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Intoxication Report

Complete for EVERY arrest made for DUI, even cases when charges will not be filed

Make sure to include Offense Tracking Number (OTN)

Blocks 63-71 (Arrest Data):

Only include summary offenses

Exception: First offense will always be DUI

When charging 3802 (a)(1) with BAC less then legal limit:

Ensure sufficient probable cause

Consult supervisor prior to filing charges

When BAC exceeds .025 get to hospital immediately if possible.

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

For crash-related arrests:

Cross-reference crash report

Do not detail crash investigation on this form


Detection and Legal Basics
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ALCOHOL IS CARRIED TO THE BODY THROUGH THE BLOOD
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YOU HAVE 5 DAYS TO FILE A COMPLAINT WITH THE MDJ
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INTOXICATION OCCURS BECAUSE IT AFFECTS THE BRAIN
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3 areas of detection

Vehicle in motion

Personal contact

Pre-arrest screening/field sobriety


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DUI arrest is based on totality of observations

Must be able to interpret signs of DUI and articulate in court

Testsimony will be from reports so be complete and detailed

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