Commonwealth v. Griscavage

517 A.2d 1256, 512 Pa. 540, 1986 Pa. LEXIS 912
CourtSupreme Court of Pennsylvania
DecidedNovember 17, 1986
Docket39 M.D. Appeal Dkt. 1985
StatusPublished
Cited by176 cases

This text of 517 A.2d 1256 (Commonwealth v. Griscavage) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Griscavage, 517 A.2d 1256, 512 Pa. 540, 1986 Pa. LEXIS 912 (Pa. 1986).

Opinions

OPINION

McDERMOTT, Justice.

Appellee was convicted by a jury on charges of driving while under the influence of alcohol,1 driving on the wrong side of the road,2 reckless driving,3 and driving at an unsafe speed,4 in the Court of Common Pleas of Tioga County on July 20, 1983. Citing grounds of insufficiency of the evidence and erroneous jury instructions, he filed post-verdict motions for a new trial and arrest of judgment which were denied. Judgment of sentence was imposed on August 25, 1983, following which he appealed to Superior Court.

[543]*543A panel of that court, in an opinion by Judge Montemuro, held the evidence was insufficient to establish guilt beyond a reasonable doubt on the charge of driving while under the influence of alcohol, and reversed the trial court’s judgment of sentence. Commonwealth v. Griscavage, 336 Pa.Super. 141, 485 A.2d 470 (1984). We granted the Commonwealth leave to appeal.

The sole issue here involves the sufficiency of the evidence. The test for reviewing a sufficiency claim on appeal from a conviction is well established.

[W]hether, viewing the evidence in the light most favorable to the Commonwealth, and drawing all reasonable inferences favorable to the Commonwealth, there is sufficient evidence to find every element of the crime beyond a reasonable doubt. ... The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence ... Moreover, in applying the above test, the entire trial record must be evaluated and all evidence actually received must be considered ... Finally, the trier of fact, while passing upon the credibility of witnesses and the weight to be afforded the evidence produced, is free to believe all, part or none of the evidence. (Citations omitted.)

Commonwealth v. Harper, 485 Pa. 572, 576-77, 403 A.2d 536, 538-39 (1979).

The salient facts of the case are these. Officer Young of the Wellsboro Police Department observed a Chevrolet traveling in gross excess of the posted speed limit at 12:40 A.M. on January 30, 1983, in Wellsboro. He entered his cruiser and gave chase. As the pursued vehicle was entering a curve about a quarter of a mile ahead of him he saw its brake lights go on and observed that it was over the center line of the highway. On rounding the curve he saw that the pursued vehicle had collided with a vehicle in the oncoming lane. He entered the Chevrolet first and observed Mr. Griscavage. He was slumped over the wheel and bleeding profusely from a severe laceration of the forehead. The [544]*544officer talked with him and noticed “an odor of alcohol emanate from his person.” An ambulance arrived and removed both seriously injured drivers to a hospital for treatment. The officer remained and observed skid marks approximately fifty feet long which crossed the center line and ended at the point of impact in the oncoming lane. He observed that the road surface was dry and that there had been some overcast that evening. At some time between 1:19 A.M. and 2:32 A.M. Officer Young spoke to Mr. Griscavage in the emergency room of the hospital. He informed him of his rights and requested that he submit to a blood/alcohol test. During the brief conversation the officer asked if he had been drinking. To which he replied that he had “had a few”. He also asked appellee why he had been traveling so fast. He responded that he guessed he was “in a hurry to get home.” Griscavage, 336 Pa.Super. at 145-147, 485 A.2d at 473.

At 3:15 A.M. a lab technician drew the blood necessary to perform the test and found Mr. Griscavage knowledgeable of what was being done and why. She was not able to tell whether he was intoxicated. The test showed that his blood contained .09% alcohol by weight. Id.

In order to establish appellee’s guilt the Commonwealth had to prove: (1) that he was operating a motor vehicle, (2) while under the influence of alcohol to a degree which rendered him incapable of safe driving. 75 Pa.C.S. § 3731(a)(1), Commonwealth v. Horn, 395 Pa. 585, 590-91, 150 A.2d 872, 875 (1959). See also Commonwealth v. Arizini, 277 Pa.Super. 27, 419 A.2d 643 (1980). Here, there is no dispute with respect to the first element. With respect to the second element, this Court has previously interpreted the phrase “under the influence of alcohol” thusly:

The statute does not require that a person be drunk, or intoxicated, or unable to drive his automobile safely in traffic, but merely that the Commonwealth prove beyond a reasonable doubt that the defendant was operating his automobile under the influence of intoxicating liquor ... [545]*545The statutory expression “under the influence of intoxicating liquor” includes not only all the well known and easily recognized conditions and degrees of intoxication, but also any mental or physical condition which is the result of drinking alcoholic beverages and (a) which makes one unfit to drive an automobile, or (b) which substantially impairs his judgment, or clearness of intellect, or any of the normal faculties essential to the safe operation of an automobile.

Commonwealth v. Horn, 395 Pa. 585, 590-91, 150 A.2d 872, 875 (1959) (emphasis added).5

Thus, substantial impairment, in this context, means a diminution or enfeeblement in the ability to exercise judgment, to deliberate or to react prudently to changing circumstances and conditions. Its meaning is not limited to some extreme condition of disability.

The facts of this case indicate that Mr. Griscavage was observed speeding. He then engaged a police officer in a chase during which he sped into a curve, left his proper lane, crossed the center line of a highway, and ran his automobile headlong into another. Other evidence established conclusively the fact that he had been drinking. On these facts the trier concluded that at the time of the collision those faculties essential to the safe operation of an automobile were in fact substantially impaired by his drinking.

Given the standard of appellate review applicable in appeals from convictions, Harper, supra, we think this evidence was sufficient to support his conviction for driving under the influence. Consequently the Superior Court’s reversal of that conviction must itself be reversed.

In examining the opinion of the Superior Court we find that they erréd in two respects. First, the court did not [546]*546look at the Commonwealth evidence in the aggregate. Instead they chose to atomize the evidence, considering each piece in isolation without relation to the whole picture. For example, the officer’s report of the odor of alcohol was found defective and insufficient to serve as a basis for an inference of “under the influence” because he did not testify that the odor was strong.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. O'Connor, K.
Superior Court of Pennsylvania, 2023
Com. v. Taylor, D.
Superior Court of Pennsylvania, 2023
Com. v. Forman, B.
Superior Court of Pennsylvania, 2018
Com. v. Filaroski, M.
Superior Court of Pennsylvania, 2018
Com. v. Brown, H.
Superior Court of Pennsylvania, 2018
Com. v. Edens, W.
Superior Court of Pennsylvania, 2017
Com. v. Parker, J.
Superior Court of Pennsylvania, 2017
Com. v. Collins, R.
Superior Court of Pennsylvania, 2017
Com. v. Lefever, B.
Superior Court of Pennsylvania, 2017
Com. v. Maines, J.
Superior Court of Pennsylvania, 2016
Com. v. Colon-Vasquez, L.
Superior Court of Pennsylvania, 2016
Com. v. Idrrissa, A.
Superior Court of Pennsylvania, 2016
Com. v. Fuller, M.
Superior Court of Pennsylvania, 2015
Com. v. Garrette, T.
Superior Court of Pennsylvania, 2015
Com. v. Oldt, A.
Superior Court of Pennsylvania, 2015
In the Interest of: R.P., a minor, Appeal of: R.P.
Superior Court of Pennsylvania, 2015
Com. v. Pumphrey, K.
Superior Court of Pennsylvania, 2015
Com. v. Bush, J.
Superior Court of Pennsylvania, 2015
Com. v. Ghee, J.
Superior Court of Pennsylvania, 2014
Com. v. Lawton, F.
Superior Court of Pennsylvania, 2014

Cite This Page — Counsel Stack

Bluebook (online)
517 A.2d 1256, 512 Pa. 540, 1986 Pa. LEXIS 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-griscavage-pa-1986.