(DOWNLOAD) "Commonwealth Pennsylvania v. David M." by San Antonio Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. David M.
- Author : San Antonio Court of Civil Appeals of Texas
- Release Date : January 30, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The issue presented in this appeal is whether the newly enacted Driving Under the Influence statute, 75 Pa. C.S. § 3731(a)(5), which imposes criminal penalties on individuals who have a blood alcohol content ("BAC") equal to or in excess of .10% within three hours of driving, violates the due process guarantees of the United States and Pennsylvania Constitutions. Because, § 3731(a)(5) unnecessarily encompasses both lawful and unlawful conduct; fails to provide a reasonable standard by which a person may gauge their conduct; encourages arbitrary and discriminatory enforcement; and fails to require proof that a persons BAC actually exceeded the legal limit at the time of driving ;, we conclude that 75 Pa. C.S. § 3731(a)(5) is unconstitutional.