Commonwealth v. Modaffare

OPINION OF THE COURT

FLAHERTY, Justice.

In 1988, in a trial by jury in the Court of Common Pleas of Clearfield County, the appellant, James Lee Modaffare, was convicted of operating a motor vehicle while under the influence of alcohol. An appeal was taken to the Superior *103Court, whereupon the judgment of sentence was affirmed. We granted allowance of appeal.

On the evening of June 8, 1987, appellant and a friend, Brenda K. Guthridge, traveled together by car to two taverns in Curwensville, Pennsylvania. At the taverns, appellant and Guthridge consumed beer. Later, while driving himself and…