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COMMONWEALTH of Pennsylvania, Respondent v. Michelle Leigh STARRY, Petitioner

Supreme Court of Pennsylvania2019-03-13No. No. 415 WAL 2018
204 A.3d 369

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Opinion

majority opinion

PER CURIAM

AND NOW, this 13th day of March, 2019, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Whether the rationale and holding in Commonwealth v. Segida, 604 Pa. 103, 985 A.2d 871 (2009), applies to a charge of driving under the influence brought pursuant to 75 Pa.C.S. § 3802(c), which has a statutory requirement that the defendant have an alcohol concentration in his or her blood or breath of.16% or greater within two hours after driving, operating or being in actual physical control of the movement of a vehicle.

(2) Whether the Superior Court erred by finding that the Commonwealth presented prima facie evidence that Petitioners blood alcohol concentration was .16% or higher within two hours after she drove, operated or was in actual physical control of the movement of a vehicle.

(3) Whether the Superior Court erred in finding that the Commonwealth presented prima facie evidence to satisfy 75 Pa.C.S. § 3802(g)(1), which requires the Commonwealth to show good cause explaining why the chemical test sample could not be obtained within two hours.