Berks County Bar Association The Berks Barrister Spring 2019 - 10

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ATTORNEY DISCIPLINARY
AND ETHICS MATTERS
STATEWIDE PENNSYLVANIA MATTERS
NO CHARGE FOR INITIAL CONSULTATION

Representation,	consultation	and	expert	testimony	in
disciplinary	matters	and	matters	involving	ethical	issues,
bar	admissions	and	the	Rules	of	Professional	Conduct

James C. Schwartzman, Esq.

*	 Judge,	Court	of	Judicial	Discipline
*	 Former	Chairman,	Judicial	Conduct	Board	of	Pennsylvania
*	 Former	Chairman,	Disciplinary	Board	of	the	Supreme	Court	
of	Pennsylvania
*	 Former	Chairman,	Continuing	Legal	Education	Board	of	the	
Supreme	Court	of	Pennsylvania
*	 Former	Chairman,	Supreme	Court	of	Pennsylvania	Interest	on	
Lawyers	Trust	Account	Board
*	 Former	Federal	Prosecutor
*	 Selected	by	his	peers	as	one	of	the	top	100	Super	Lawyers	in	
PA	and	the	top	100	Super	Lawyers	in	Philadelphia
*	 Named	by	his	peers	as	Best Lawyers in America	2015	
Philadelphia	Ethics	and	Professional	Responsibility	Law	
"Lawyer	of	the	Year,"	and	in	Plaintiffs	and	Defendants	Legal	
Malpractice	Law

111 North Sixth Street * Reading, PA 19601
(215) 751-2863

10 | Berks Barrister

State DUI Law Changes Expand Use of
Ignition Interlock Devices
Continued from page 9
initial 30-day period, the IID must be serviced every 30 to 60 days.
During the service, the installer will download the devices data,
calibrate the interlock unit and collect the lease payment from the
driver.
The data recorded is processed and generates a data report
which is sent to PennDOT. PennDOT maintains the report.
When can the driver be restored an unlimited license?
At the end of the suspension period, PennDOT will mail an
Eligibility letter providing the date the driver can obtain their
unrestricted driver's license. The clients who installed the Interlock,
must have a "Compliance Download" on or after the date listed
in the letter. The vendor, not the service center technician, will
review the logs to verify that no violations occurred within the last
30 days (ARD clients) or 60 days (Non-ARD clients). If there are
no violations, the vendor sends a Compliance Form to PennDOT.
Upon receipt of the Compliance Form, PennDOT will mail
the participant a letter stating that they received the vendor's
Compliance Form and they can now apply for the return of their
unrestricted license by completing the DL-3731, submitting fees
and sending all requested information to the applicable PennDOT
address on the form or taking the letter, form and fee to their local
Driver's License Center.
Declaration of Compliance states that within the past 60 days,
or within the past 30 days for ARD participants, none of the
following incidents occurred: 1) the driver attempted to start the
vehicle with a BAC of 0.08% or higher, that is not cleared within
10 minutes; 2) the driver failed to take or pass any rolling retest; or
3) the driver failed to report to the installation center for scheduled
service and the downloading of the device's data.
If any of these three incidents occurred, the IID will have to
remain in the vehicle for an additional 30 or 60 days (as described
above) from the date that the violation occurred.
When is the Ignition Interlock Device removed?
Once the driver secures a valid unrestricted license, the driver
should call the installation center and schedule the removal of the
IID. At the scheduled time, the IID will be removed so long as
the driver shows to the installer his or her new unrestricted driver's
license.
Where are Ignition Interlock Devices installed in Berks
County?
Nine IID vendors service Pennsylvania. To access a list of
approved ignition interlock vendors in Berks County and the
approved individual installation centers, visit the Pennsylvania
DUI Association webpage at www.padui.org.
Any questions about the IIDs or the Restricted Ignition
Interlock Device Licenses should be addressed to either the
Pennsylvania DUI Association through its webpage or by
telephone at 800-62-PA-DUI or PennDOT by telephone
at 800-322-4600 or at https://www.dot.state.pa.us/Public/
DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iitl.pdf.
Ms. Mertz is a criminal defense attorney with Polyak Law
Office in Reading, a member of the Berks County Bar
Association Board of Directors and Co-Chair of the Bar
Association's Criminal Defense Section.
http://www.berksbar.org http://arcpointlabs.com/reading http://www.padui.org
Berks County Bar Association The Berks Barrister Spring 2019

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