Legal Opinion

Commonwealth v. Neysmith

Superior Court of Pennsylvania

Decided June 28, 2018No. 1584 MDA 2017PublishedCited by 32 opinions

1Opinion of the Court

OPINION BY KUNSELMAN, J.:

Kevin Neysmith appeals from the judgment of sentence, after a jury convicted him of driving under the influence (DUI) of alcohol. We affirm.

Late one night, Neysmith drove upon a highway of the Commonwealth with a blood alcohol content (BAC) of 0.126. Erratic driving ensued. The state police, following close behind Neysmith, recorded events on their cruiser's dashboard camera. See Commonwealth's Suppression Exhibit 1. Neysmith had difficulty staying in his lane, so the troopers pulled him over.

At first, things proceeded routinely. The police smelled alcohol; heard…

2Cases cited26 opinions

  1. Ornelas v. United StatesSupreme Court of the United States · 1996
  2. Commonwealth v. WidmerSupreme Court of Pennsylvania · 2000
  3. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  4. Mitchell v. United StatesSupreme Court of the United States · 1999
  5. In the Interest of L.J.Supreme Court of Pennsylvania · 2013

21 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Com. v. Gaston, T.Superior Court of Pennsylvania · 2020
  2. R.W. Patane v. PennDOT, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2018
  3. Com. v. Gaston, T.Superior Court of Pennsylvania · 2020
  4. Com. v. Antwon, T.Superior Court of Pennsylvania · 2019
  5. Com. v. Armstrong, J.Superior Court of Pennsylvania · 2019

27 more not listed; retrieve them via the Exa API.

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