COM. v. McCOY

No. 48 MAP 2008.

975 A.2d 586 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Ray D. McCOY, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided July 21, 2009.


Attorney(s) appearing for the Case

John B. Mancke, Esq., Mancke, Wagner, Spreha & McQuillan, Harrisburg, for Ray D. McCoy, Jr.

Edward Michael Marsico, Jr., Esq., James Patrick Barker, Esq., Dauphin County District Attorney's Office, Jason Eugene McMurry, Esq., for Commonwealth of Pennsylvania.

Harold H. Cramer, Esq., Terrance M. Edwards, Esq., PA Department of Transportation, Andrew S. Gordon, Esq., for amicus curiae Department of Transportation Bureau of Drivers Licensing.


OPINION

Justice EAKIN.

On February 1, 2004, appellant lost control of his vehicle and struck an entrance ramp guard rail. When police officers arrived, they observed appellant smelled of alcohol, had glassy, bloodshot eyes, and slurred speech. Appellant was subsequently arrested and transported to Harrisburg Hospital; a blood test revealed his blood alcohol content (BAC) was 0.233%. Following a bench trial, appellant was convicted of two counts of...

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