Commonwealth v. Beatty

Respectfully, I dissent. I believe the majority has mistakenly applied our Supreme Court's specific holding on the particular facts presented in Commonwealth v. Kimmel, 523 Pa. 107, 565 A.2d 426 (1989), to a substantially different factual pattern presented by the instant appeal. In doing so, the majority has also found that our Supreme Court overruled precedent it had established only eight months earlier.

*455In Kimmel, supra, the defendant was arrested on December 28, 1986, and charged with Driving Under the Influence, (DUI).1 Kimmel pled guilty to this charge on May 4, 1987. Kimmel’s record…