Answers to Frequently Asked Questions:
On occasion the meaning of “vehicle” under the former DUI law § 3731 and the current law § 3802 arises as a point of contention in the defense of a DUI charge. The case law that held true under the old law presumably does the same under the new law.
An analysis of the word as it is addressed throughout the rest of the Vehicle Code suggests is has a very broad definition, and hence a detriment to those charged with DUI.
The following items have been determined to be vehicles by the Courts:
Bicycle - All-terrain vehicle – Snowmobile – Dune Buggy. Of course, this list is not exhaustive of those devices that can be a “vehicle” for purposes of the DUI law.
An Occupational Limited License (OLL), also commonly referred to as a Bread and Butter license, is a driver’s license issued to a driver whose Pennsylvania driving privilege has been, or will be, suspended. The McKenzie Law Firm, P.C. is skilled in handling such matters and can assist you in the preparation of your petition for such a license.
An OLL authorizes driving a designated motor vehicle, under certain conditions, when it is necessary for the driver’s occupation, work, trade, medical treatment or study. Based on your driving record and violations, the PA Department of Transportation will evaluate whether or not you are eligible for an OLL. But first, you must apply by completing Occupational Limited License Petition.
The terms “driving” or “operating” are fairly straight forward but “actual physical control” has led to a myriad of caselaw. A finding of actual physical control is based upon a totality of the circumstances, such as location of the vehicle, whether the engine was running, and/or whether there was additional evidence indicating the defendant drove the vehicle prior to police arriving at the scene.
However, more is required to establish actual physical control that just a defendant being behind the wheel of the vehicle while it is running. There must also be evidence to support the notion that the vehicle had been driven by the defendant while he or she was intoxicated.
ARD is a special pre-trial intervention program in the Commonwealth of Pennsylvania, USA for non-violent offenders with no prior or, in some instances, a very limited record. The primary purpose of the ARD program is the prompt disposition of charges, eliminating the need for costly and time-consuming trials and other court proceedings. The program is designed to recognize those offenders who are amenable to treatment and rehabilitation, and effectively remove their cases from the criminal justice system, thereby freeing resources better utilized elsewhere.
The McKenzie Law Firm, P.C. specializes in securing ARD for its clients. If you wish to pursue the ARD program in your county, give David C. McKenzie III a call at 610-680-7842.
D.U.I. Defense
Criminal Defense
Expungements
Jacky Cline and JoAnn Gadzicki like this
Comment on Facebook