Commonwealth v. Smith

OPINION BY

ORIE MELVIN, J.:

¶ 1 Appellant, Karen Smith, appeals from the judgment of sentence of 48 hours to 18 months’ incarceration imposed following her conviction of driving under the influence (DUI) and related summary offense. 1 Appellant claims she established the affirmative defense of “involuntary intoxication” thereby negating the state of mind necessary to support a conviction of DUI. After review, we affirm.

¶ 2 The facts and procedural history of this matter may be summarized as follows. On March 29, 2002, Officer James E. Ott, of the Greenfield Township Police Department, observed…