Commonwealth v. Shade

WOELFEL, J,

The defendant originally confronted a two count information, count 1 charging him with driving under the influence of alcohol in violation of 75 Pa.C.S. §3731(a)(1) and/or (4) and/or (5), and count 2 charging him with violating the provisions regarding driving on roadways laned for traffic, 75 Pa.C.S. §3309(1). In the defendant’s omnibus pretrial motion the defendant sought to have certain evidence suppressed, and asked the court to declare section 3731(a)(5) of the Vehicle Code to be unconstitutional. The defendant’s motion to suppress evidence was denied. By stipulation of the…