Berks Barrister Summer 2018 - 14

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"Sir, Has Your Car Had Anything To Drink Tonight?"
Continued from page 13
context difficult. While in civil court, the plaintiff 's lower burden
of proving negligence by the "driver" of the automated car may
be much easier to overcome.
One final possible consequence of the reduction in DUI
offenses could be a lowering in treatment for those with alcohol
abuse issues. While the mandatory minimums for DUIs can
involve significant jail timexvi, such harsh realities can lead
people to seek the treatment they need, often through court
sanctioned Intermediate Punishment Programs (IP).xvii As
more and more people ride the roads in self-driving vehicles, the
burden of finding those the most in need of treatment will likely
fall into the hands of the addicted and their loved ones, as the
government will likely have more trouble finding those who are
abusing alcohol.
For the moment, DUI Law for 2018 shall likely remain
the same, with the only adjustments that are reasonably
foreseeable being based on decisions of Appellate Courts of
what is reasonable suspicion to stop someone for DUIxviii, what
is a lawful search in DUI cases, and what constitutes being
incapable of safe driving due to intoxication.xx However, for
seasoned attorneys, young attorneys, and aspiring litigators of
the 21st century, we are entering a strange new world from the
one we were born into. Just as no one could know that a massive
cottage industry of criminal law could grow out of the invention
of the mechanical horse that took over the streets, who knows
exactly what will grow out of the fact that those beasts will now
have a mind of their own.

is pleased to announce that

Salvatore Folino
has been named a Shareholder of our firm.
Attorney Folino will continue to focus his practice
in the areas of small business counseling, liquor
licensing, real estate matters, corporate formation,
eminent domain, general insurance defense
and workers' compensation.
Phone: 610-372-0101 | Fax: 610-372-4477
2 Woodland Road
Wyomissing, PA 19610
www.brennanlaw.net
14 | Berks Barrister

Raymond Edward Baker, Esquire,
is a Berks County Assistant District
Attorney. The opinions set forth
in this article do not reflect the
position, policy or opinions of the
Berks County District Attorney's
Office.
xvi 75 Pa.C.S.A. § 3804

xvii It should be noted that while not all counties in Pennsylvania have
DUI Intermediate Punishment Programs as they are not required, in Berks
County, Pennsylvania there is DUI Treatment Court for qualified repeat
DUI Offenders.
xx Commonwealth v. Kaufman, 34 Pa. D. & C.5th 137, (Berks County,
2013).
http://www.berksbar.org http://www.brennanlaw.net
Berks Barrister Summer 2018

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