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COM. v. GRIFFITH

No. 56 MAP 2010.

32 A.3d 1231 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. Michelle Necole GRIFFITH, Appellee.

Supreme Court of Pennsylvania.

Decided November 2, 2011.

Attorney(s) appearing for the Case

John T. Adams , Reading, Alisa Rebecca Hobart , Berks County District Attorney's Office, for Commonwealth of Pennsylvania.

Hugh J. Burns, Jr. , Philadelphia, Peter Carr , Ronald Eisenberg , Philadelphia, Philadelphia District Attorney's Office, Joseph E. McGettigan III , Office of the District Attorney of Philadelphia County, Rufus Seth Williams , Stradley, Ronon, Stevens & Young, L.L.P., for Appellant Amicus Curiae, Pennsylvania District Attorneys Association.

Jill M. Scheidt , Rabenold Koestel Scheidt , Reading, for Michelle Necole Griffith.

Karl Baker , Ellen T. Greenlee , Peter Rosalsky , Defender Association of Philadelphia, for Appellee Amicus Curiae, Defender Association of Philadelphia.

John B. Mancke , Mancke, Wagner, Spreha & McQuillan, Harrisburg, for Appellee Amicus Curiae, PA Association of Criminal Defense Lawyers.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

The issue presented in this case is whether expert testimony is required to convict a defendant of driving under the influence of a drug or combination of drugs, 75 Pa.C.S. § 3802(d)(2), when the drugs in question are prescription medications. Because the Superior Court erroneously concluded that expert testimony was required under this statutory provision, we reverse.

On May 31, 2006, Michelle Necole Griffith...

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