Commonwealth v. Montini

I concur in the result reached by the Majority in this ease. I agree that: (1) the trial court did not err in refusing to suppress Montini’s BAC; (2) the evidence was sufficient to find him guilty of DUI under 75 Pa.C.S. § 3731(a)(1); and (3) the prosecution was not required to proffer expert testimony concerning Montini’s extrapolated BAC at the time he was driving. However, I write separately to express my concern regarding the Majority’s discussion urging the Supreme Court of Pennsylvania to revisit the question of whether, in a prosecution under 75 Pa.C.S. § 3731(a)(4), the Commonwealth…