Commonwealth v. Conahan

I dissent, and, in support thereof, I adopt the within Superior Court opinion authored by the Honorable John P. Hester. Commonwealth v. Conahan, 388 Pa.Super. 369, 565 A.2d 798 (1989).

The majority has indulged in “blatant judicial interference.” See Cucchi v. Rollins Protective Services Co., 524 Pa. 514, 574 A.2d 565 (1990) (Cappy, J., dissenting). The legislature, in no uncertain terms, has prescribed that punishment is the treatment for those callous individuals who drink and drive at the same time. The majority would allow poor Johnny to confine himself to a Caribbean Island or a Caribbean…