Legal Opinion
Commonwealth v. Barud
Supreme Court of Pennsylvania
Decided July 30, 1996PublishedCited by 162 opinions
1Opinion of the Court
OPINION OF THE COURT
CASTILLE, Justice.
The issue presented in this appeal is whether the newly enacted Driving Under the Influence statute, 75 Pa.C.S. § 3731(a)(5), which imposes criminal penalties on individuals who have a blood alcohol content (“BAC”) equal to or in excess of .10% within three hours of driving, violates the due process guarantees of the United States and Pennsylvania Constitutions. Because, § 3731(a)(5) unnecessarily encompasses both lawful and unlawful conduct; fails to provide a reasonable standard by which a person may gauge their conduct; encourages arbitrary and…
2Cases cited21 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Kolender v. LawsonSupreme Court of the United States · 1983
- Colautti v. FranklinSupreme Court of the United States · 1979
- United States v. PowellSupreme Court of the United States · 1975
16 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1999
- Commonwealth v. ThurSuperior Court of Pennsylvania · 2006
- Pennsylvanians Against Gambling Expansion Fund, Inc. v. CommonwealthSupreme Court of Pennsylvania · 2005
- Stilp v. CommonwealthSupreme Court of Pennsylvania · 2006
- Com., Dept. of Transp. v. McCaffertySupreme Court of Pennsylvania · 2000
157 more not listed; retrieve them via the Exa API.