Commonwealth v. Regan

KEELER, J.,

On July 19, 1983, a jury was empaneled for a trial involving the prosecution of the defendant, Lee E. Regan, on the charge of driving under the influence. On July 20, 1983, having completed its deliberations, the jury found the defendant guilty. Defendant timely filed post-trial motions, raising issues which the court feels compelled to address.

The first two issues raised by defendant deal with the constitutionality of the new Driving Under the Influence (DUI) legislation’s mandatory minimum sentencing provisions. See 75 Pa.C.S.A. §3731(e) (1) (Cum. Supp. 1983). In order to…