COM. v. MURRAY


749 A.2d 513 (2000)

COMMONWEALTH of Pennsylvania, Appellee, v. Nathan M. MURRAY, Appellant.

Superior Court of Pennsylvania.

Filed March 21, 2000.


Attorney(s) appearing for the Case

James M. Flaherty, Cranberry, for appellant.

Stuart B. Suss, Asst. Dist. Atty., West Chester, for Com., appellee.

Before McEWEN, President Judge, and DEL SOLE, KELLY, POPOVICH, JOHNSON, FORD ELLIOTT, EAKIN, JOYCE and STEVENS, JJ.


EAKIN, J.:

¶ 1 Appellant was convicted of driving under the influence of alcohol (DUI) under 75 Pa.C.S. Section 3731(a)(4), and challenges the constitutionality of Section 3731(a.1). Finding the statute to be constitutional and the evidence sufficient, we affirm.

¶ 2 At approximately 2:08 a.m., on June 13, 1997, appellant was stopped by a police officer for making an illegal right turn at a red light. The officer smelled alcohol on appellant, who...

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