Legal Opinion
Commonwealth v. Duda
Supreme Court of Pennsylvania
Decided May 31, 2007No. 24 WAP 2005PublishedCited by 42 opinions
1Opinion of the Court
OPINION
Justice SAYLOR.
In this direct appeal, we consider the constitutionality of a provision of Pennsylvania’s DUI statute that prohibits driving after having consumed enough alcohol to elevate one’s blood alcohol concentration to a certain level within two hours after driving.
*168I.
On August 21, 2004, at 12:32 a.m., a Pittsburgh police officer was dispatched to the scene of a two-car accident. He arrived at the scene two minutes later and spoke to Appellee, who had been driving one of the vehicles. In doing so, he noted a moderate odor of alcohol about Appellee and observed that his eyes…
2Cases cited52 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- City of Chicago v. MoralesSupreme Court of the United States · 1999
- Commonwealth v. D'AmatoSupreme Court of Pennsylvania · 2004
- City of Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 2003
- Commonwealth v. BlystoneSupreme Court of Pennsylvania · 1988
47 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Commonwealth v. SegidaSupreme Court of Pennsylvania · 2009
- Commonwealth v. HilliarSuperior Court of Pennsylvania · 2008
- Commonwealth v. VeonSuperior Court of Pennsylvania · 2015
- Commonwealth v. HabaySuperior Court of Pennsylvania · 2007
- Commonwealth v. CruzSuperior Court of Pennsylvania · 2013
37 more not listed; retrieve them via the Exa API.