Handling first Pennsylvania DUI case (2021 Edition)

Ashley E. Rundell
Richard Roberts
Joseph Lesniak
Ashley E. Rundell | Fiffik Law Group, PC
Richard Roberts | Zator Law
Joseph Lesniak | The Law Offices of Joseph Lesniak, LLC

Live Video-Broadcast: December 9, 2021

Handling first Pennsylvania DUI case (2021 Edition)
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Program Summary

Session I – Client Interview – Ashley Rundell

This presentation will give an overview of the importance of the initial client interview to identify legal problems, gather facts, and establish the attorney-client relationship. During this CLE, we will discuss necessary preparation for an interview with a potential client, along with successful interview techniques that will allow you to be professional in setting expectations and listening to your client to be the most successful.

Key Topics

  • The Initial Interview
  • Ascertaining the Client’s Goals
  • Fee Agreements and Expectations of Legal Representation

Session II – The basics of DUI Science – Richard Roberts

This class will provide a thousand-foot overview of basic DUI Science. When defending DUI cases, it is necessary for practitioners to understand the science behind DUIs including blood testing, breath testing, effects of alcohol on the body, and the science behind Standardized Field Sobriety Testing among other things. Taking this introductory course will introduce practitioners on ways to defend clients using the science of DUI. This discussion of DUI science will range from how a person should look, act, etc. if they are really under the influence, to whether the blood or breath test results are really accurate and reliable.

Key Topics

  • Blood Testing 101 – what to look and ask for to determine if the Blood Alcohol Result is accurate
  • Breath Testing - what to look and ask for to determine if the Breath Alcohol Result is accurate
  • Effects of Alcohol on the Human Body
  • Science Behind Standardized Field Sobriety Tests – Proper vs. Improper Administration of Tests

Session III – Court Process – Joseph Lesniak

At the conclusion of this presentation participants will understand the phases of a jury trial as it specifically pertains to Driving Under the Influence. They will learn about how to cross-examine the affiant in the areas of probable cause, reasonable suspicion, proper execution of field sobriety tests and informed consent. Also, they will learn how to cross-examine a toxicologist expert and what to look for on a toxicology report. Finally, they will learn how to deliver an effective opening and closing in a driving under the influence case.

Key Topics

  • Effective cross-examination of a police officer/ affiant
  • Effective cross-examination of a toxicologist and direct examination of a defense expert
  • The pitfalls of field sobriety tests
  • Effective Openings and Closings in driving under the influence cases

Session IV – The DUI Trial – Ashley Rundell

In this presentation, attorneys can expect to learn the basics of a DUI trial, including working with experts, common defense arguments and effective direct/cross examination skills. This CLE will unpack many common issues that arise in DUI litigation, including alternative resolutions available in Pennsylvania. The program will benefit all attorneys working in criminal law, or just want to learn more about working with DUI cases.

Key Topics

  • DUI Trial: The Basic Overview of Court Procedures
  • Common Defenses for a Criminal Defense Attorney
  • Alternative Resolutions in DUI Litigation

This course is co-sponsored with myLawCLE.

Date / Time: December 9, 2021

  • 11:00 am – 3:30 pm Eastern
  • 10:00 am – 2:30 pm Central
  • 9:00 am – 1:30 pm Mountain
  • 8:00 am – 12:30 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Ashley E. Rundell_Fiffik Law Group, PC_myLawCLEAshley E. Rundell | Fiffik Law Group, PC

Ashley E. Rundell, Esquire was admitted to practice law in Pennsylvania in 2021 after graduating from the University of Pittsburgh School of Law. Ashley has been employed as an Associate Attorney with Fiffik Law Group, P.C., the Pennsylvania provider law firm for LegalShield since August 2021. Ashley provides legal counsel for her clients in matters involving Criminal Defense, Family Law, and traffic citations. Prior to joining Fiffik Law Group, Ashley was a Judicial Law Clerk for the Honorable Elliot C. Howsie in the Allegheny County Court of Common Pleas, where she managed his criminal docket.

As a clerk, Ashley witnessed countless DUI proceedings, ranging from applications into the Accelerated Rehabilitative Disposition (“ARD”) program to trial where Driving Under the Influence (“DUI”) was the leading charge. Additionally, Ashley has spent time working with both the Allegheny County and Philadelphia District Attorneys’ Offices, where she was involved in all aspects of criminal trial proceedings.

 

Jeff-Martin_Tillotson-Martin-LLC_myLawCLE-1Richard Roberts | Zator Law

Richard S. Roberts, Jr. is an experienced trial attorney who concentrates his legal practice in criminal defense, specializing in DUI Defense along with representing parents in Children and Youth Services and firearms law.

Richard has received certification in the following classes:

  • Forensic Chromatography XII: Theory and Practice
  • Drug Recognition Expert Course
  • NHTSA Advanced Roadside Impaired Driving Enforcement
  • NHTSA Standardized Field Sobriety Testing Practitioner

Richard has been named to the 2020 and 2021 Pennsylvania Super Lawyers Rising Stars list. Richard is also a passionate, experienced, and frequent seminar speaker on various topics surrounding the civil rights of individuals and institutions. These topics include the Second and First Amendment, along with the rights of religious organizations and institutions.

 

Joseph Lesniak_The Law Offices of Joseph Lesniak, LLC_myLawCLEJoseph Lesniak | The Law Offices of Joseph Lesniak, LLC

Joseph Lesniak earned his bachelor’s degree, cum laude, from Villanova University in 2000. He went onto receive his Juris Doctorate from the Villanova University School of Law in 2003. After law school Mr. Lesniak served in the Delaware County District Attorney’s Office for over nine years serving most of that time in the Special Victims Domestic Violence Division prosecuting hundreds sexual assaults, child abuse and domestic violence cases. While in that division he served as the Chief and lead prosecutor of the Pennsylvania Internet Crimes Against Children Taskforce (ICAC), under a grant from the U.S. Department of Justice. The Taskforce investigated and prosecuted internet exploitation and child pornography cases. Mr. Lesniak helped to create and teach the policies and techniques utilized across the Commonwealth which has led to many successful prosecutions of child exploiters both state and federally.

While in the District Attorney’s Office Mr. Lesniak was responsible for the creation and presentation of many communities’ outreach programs on important topics such as: Protection from Abuse Orders, Internet Safety, Prosecuting Kidnapping and Computer Based Crimes, Bullying, Cyber-bullying, School Safety and Custody Issues. He has presented both locally and nationally for such organizations as the National District Attorney’s Association, U.S. Department of Justice, and the National Center for the Prosecution of Child Abuse.

Mr. Lesniak also served as the Nether Providence Township Solicitor for over two years. In that position he drafted numerous ordinances, represented the township on several complex zoning issues and developed sound policies. He was integral in drafting a new comprehensive Civil Service Ordinance that brought the Township in compliance with state mandates while ensuring fairness in the process of selecting competent police officers.

Mr. Lesniak is an adjunct professor of Political Science at the Pennsylvania State University, served as the chairman of the Delaware County Drug and Alcohol Advisory Board and on the Board of the Delaware County Bar Association. He currently serves as the Vice President of the Guy G. deFuria Inn of Court. Currently, he is the principal at the Law Offices of Joseph Lesniak, LLC located in Media, Pennsylvania. The firm concentrates in the areas of criminal law and municipal law.

Agenda

Session I – Client Interview | 11:00am – 12:00pm
1. The Initial Interview | 11:00am – 11:15am
2. Ascertaining the Client’s Goals | 11:15am – 11:30am
3. Fee Agreements and Expectations of Legal Representation | 11:30am – 12:00pm

Break | 12:00pm – 12:10pm

Session II – The basics of DUI Science | 12:10pm – 1:10pm
1. Blood Testing 101 | 12:10pm – 12:25pm
2. Breath Testing | 12:25pm – 12:40pm
3. Effects of Alcohol on the Human Body | 12:40pm – 12:55pm
4. Science Behind Standardized Field Sobriety Tests | 12:55pm – 1:10pm

Break | 1:10pm – 1:20pm

Session III – Court Process | 1:20pm – 2:20pm
1. Introduction of topic and speaker | 1:20pm – 1:25pm
2. Review the different phases of a jury trial in Pennsylvania | 1:25pm – 1:30pm
3. Establishing lack of probable cause to stop and reasonable suspicion to investigate on cross examination of a police officer/ affiant | 1:30pm – 1:40pm
4. Field Sobriety Tests and how to effectively cross-exam | 1:40pm – 1:50pm
5. Cross-examination of a toxicologist, use of a a defense expert | 1:50pm – 2:05pm
6. Effective Openings and Closings in driving under the influence cases | 2:05pm – 2:15pm
7. Helpful tips/ Questions | 2:15pm – 2:20pm

Break | 2:20pm – 2:30pm

Session IV – The DUI Trial | 2:30pm – 3:30pm
1. DUI Trial: The Basic Overview of Court Procedures | 2:30pm – 2:45pm
2. Common Defenses for a Criminal Defense Attorney | 2:45pm – 3:00pm
3. Alternative Resolutions in DUI Litigation | 3:00pm – 3:30pm