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(DOWNLOAD) "Commonwealth Pennsylvania v. David M." by San Antonio Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free

Commonwealth Pennsylvania v. David M.

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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.


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