DUI Prosecution

Question 1

Can the CW use circumstantial evidence to prove DUI?

Answer 1

Yes

Question 2

Can a layperson give opinion testimony as to whether the motorist appeared intoxicated?

Answer 2

Yes

Question 3

Where the prosecution offers blood test results as evidence of intoxication, the Defendant has a right under the 6th Amendment to do what?

Answer 3

Cross-examine the person who analyzed the blood sample.

Question 4

If the defendant seeks to cross-examine the person who analyzed his blood sample, why will the testimony of the records custodian be insufficient?

Answer 4

Test results do not fall within the business records exception to H/S

Question 5

When will the prosecution be excused from presenting the person who analyzed D’s blood tests? (2 needed)

Answer 5

Unavailable AND

D had a prior opportunity to cross-examine.

Question 6

If the prosecution cannot produce the person who analyzed D’s blood sample AND D never had a chance to cross-examine, what happens?

Answer 6

Prosecution is precluded from introducing the blood results.

Question 7

In PA, PRCP 574 excuses the live testimony of the blood test analyst if the prosecution presents a certification listing, inter alia . . . (2)

Answer 7

The analysis was performed under industry-approved standards; AND

The report accurately reflects the analyst’s findings.

Question 8

Under PRCP 574, if the Defense makes a demand for live testimony of the blood analyst within 10 days of service of the CW notice of its intent, the report and certification area/aren’t admissible in lieu of the analyst’s testimony.

Answer 8

Are

Question 9

Even D successfully keeps the blood test results, what can he still be convicted of?

Answer 9

The general impairment prong of the DUI law.

Question 10

Breath test machine calibration logs and accuracy certificates are admissible without the testimony of the person who prepared the report. Why? (3)

Answer 10

Nontestimonial,

they do not establish an element of the offense

Were prepared without knowledge of any particular case or for use in any trial

Question 11

How far back will the court look when considered whether a prior DUI offense will serve to aggravate the sentence?

Answer 11

10 years

Question 12

In lieu of standing trial, a first-time offender who is willing to waive speedy trial rights and whose DUI offense did not involve an accident causing injury or death, and who did not have a passenger under the age of 14 in the vehicle at the time, may be eligible for ______ ______ _______.

Answer 12

Accelerated Rehabilitative Disposition (ADR)

Question 13

Expungement does/doesn’t apply to PennDOT.

Answer 13

Doesn’t

Question 14

Is the decision to grant ARD discretionary or mandatory?

Answer 14

Discretionary