Commonwealth v. Sheriff

7 Pa. D. & C.4th 201, 1990 Pa. Dist. & Cnty. Dec. LEXIS 194
CourtPennsylvania Court of Common Pleas, Cumberland County
DecidedAugust 16, 1990
Docketno. 2047 Criminal 1989
StatusPublished
Cited by1 cases

This text of 7 Pa. D. & C.4th 201 (Commonwealth v. Sheriff) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Sheriff, 7 Pa. D. & C.4th 201, 1990 Pa. Dist. & Cnty. Dec. LEXIS 194 (Pa. Super. Ct. 1990).

Opinion

SHEELY, P.J.,

On October 13, 1989 at 11:34 p.m., defendant, Kenneth A. Sheriff, while riding his bicycle in the Borough of New Cumberland, struck a vehicle parked on Bridge Street.

Lieutenant Beistline, who was in close proximity to the scene of the accident, observed the defendant urinating on himself. The officer also detected the odor of alcohol on the defendant’s breath and observed that his speech was mumbled and slurred.

Patrolman Kauffman of the New Cumberland Police Department was then called to the scene where he noticed a plastic water bottle containing beer which was attached to the defendant’s bicycle. Defendant, who was injured in the accident, was transported by ambulance to the Harrisburg Hospital for treatment. At the hospital, blood was taken from the defendant for medical purposes. The police were not involved in the decision to take blood.

Defendant was later charged with violating 75 Pa.C.S. §3731(a)(l) and (a)(4) of the Motor Vehicle Code. Officer Kauffman then subpoenaed the results of the defendant’s blood tests. Defendant’s blood alcohol content measured 0.28 percent.

A suppression hearing was held on April 6, 1990, at which time this court reserved judgment pending the filing of briefs and oral argument. The issues were presented in argument court on May 30, 1990.

This case presents interesting questions of law, some of which have not yet been considered by our appellate courts. The threshold issue which must be addressed first is whether the legislature contemplated the prosecution of bicyclists for operating bicycles on our public highways while under the influence of intoxicants.

[203]*203DISCUSSION

There are seven statutory provisions relevant to our analysis of this issue. Title 75 Pa.C.S. §3731(a)(l) makes it a misdemeanor of the second degree for any person to “drive, operate or be in actual physical control of the movement of any vehicle while . . . under the influence of alcohol to a degree which renders the person incapable of safe driving.” (emphasis supplied) Section 3731(a)(4) makes it a misdemeanor of the second degree for any person to “drive, operate or be in actual physical control of the movement of any vehicle while . . . the amount of alcohol by weight in the blood of the person is .10 percent or greater.”

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Cite This Page — Counsel Stack

Bluebook (online)
7 Pa. D. & C.4th 201, 1990 Pa. Dist. & Cnty. Dec. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sheriff-pactcomplcumber-1990.