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DUI Cases

Comm. v. BRADLEY G. DUDA, No. 24 WAP 2005 May 31, 2007, Decided

SUPREME COURT OF PENNSYLVANIA held that the Commonwealth does not have to show what the BAC was at the time of driving. Just that the BAC was taken within two hours of driving. No requirement to relate back.

Comm. v. McCOY No. 670 MDA 2005 File Date: February 21, 2006

The Superior Court ruled on the constitutionality of 3802(a)(1) and 3802(c). The court found the law was not vague or overbroad and did not violate either due process or equal protection concerns. It also held the legislature had genuine purposes for creating the classifications found in the 3-tier system.

Comm. v. DAVID A. SMITH, No. 1885 MDA 2005 Filed: January 23, 2007

Smith argues that Officer Scicchitano was required to have probable cause to effectuate a valid stop. “75 Pa.C.S.A. § 3802 et al.” violates the substantive due process. Statute’s inclusion of the language “within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle,” renders it unconstitutionally vague because it encourages arbitrary and discriminatory enforcement. Asserts that Section 3802 violates an individual’s right to be represented by an attorney. The Court rules against all above arguments.

Lawful Stop

Comm. v. SANDS, 887 A.2d 261 (Pa. Super. 2005)

It was the intent of the legislature to permit police officers who suspect that the operator of a vehicle has committed a serious offense such as DUI or homicide by vehicle, to stop the vehicle based on reasonable suspicion rather than the higher standard of probable cause. The Superior Court relied on a 1975 PA Supreme Court case that a police officer can stop a vehicle when they have reasonable grounds to believe that criminal activity is occurring. The Superior Court reasoned that cases such as Whitmyer and Gleason involved situations where additional investigation would not yield further evidence of a Vehicle Code violation and left stand the probable cause standard for other Vehicle Code violations.

Comm. v. ROBERT SPIELER, Pa. Super No. 1626 WDA 2004 (11/30/05)

The Court again ruled that the new wording in 6308(b) means officers only need reasonable grounds to stop a vehicle. (NOT PROBABLE CAUSE) A vehicle sitting through a light changing, driving another block and doing the same, weaving while driving and the driver looking like there was something wrong with him was enough to stop.

December 20 , 2007