Commonwealth v. Grow
122 A.3d 425
Pa. Super. Ct.2015Background
- In May 2013 Christopher Grow rear-ended another vehicle; police observed signs of intoxication, he admitted drinking, failed field sobriety tests, and refused blood testing.
- Grow pled guilty on October 11, 2013 to second-offense DUI with refusal to submit to chemical testing.
- The trial court imposed intermediate punishment including 45 days incarceration; the Commonwealth appealed the legality of the sentence.
- Relevant statute at sentencing (75 Pa.C.S. § 3803 pre-2014 amendment) contained a prefatory clause “Notwithstanding the provisions of subsection (b)” in subsection (a) and a first-degree misdemeanor grading in subsection (b)(4) for refusals.
- The Commonwealth argued the offense’s grading in (b)(4) made the applicable statutory maximum five years (first-degree misdemeanor), while Grow relied on Commonwealth v. Musau, holding § 3803(a)(1)’s six-month cap controls despite the grading.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Grow) | Held |
|---|---|---|---|
| Does § 3803 allow only a six-month maximum for a second-offense DUI with refusal, or does the first-degree misdemeanor grading in § 3803(b)(4) permit up to five years? | § 3803(b)(4) is a specific provision that increases the grading and thus the statutory maximum to five years. | The prefatory “Notwithstanding the provisions of subsection (b)” in § 3803(a) makes the six-month cap applicable regardless of the grading in (b). | The court affirms Musau: the plain text of § 3803(a) limits the maximum to six months; grading in (b)(4) does not increase the statutory maximum. |
Key Cases Cited
- Commonwealth v. Musau, 69 A.3d 754 (Pa.Super. 2013) (held § 3803(a) six-month cap applies despite § 3803(b)(4) grading)
- Commonwealth v. Barr, 79 A.3d 668 (Pa.Super. 2013) (treated refusal element in jury instruction context; language about penalty increase deemed dictum)
- City of Philadelphia v. Clement & Muller, Inc., 715 A.2d 397 (Pa. 1998) (interpretation of “notwithstanding” as “regardless of”)
- Commonwealth v. Brown, 981 A.2d 893 (Pa. 2009) (plain statutory language controls; resort to other construction factors only if ambiguous)
- Commonwealth v. Poncala, 915 A.2d 97 (Pa.Super. 2006) (specific DUI sentencing provisions control over general Sentencing Code provisions)
- Commonwealth v. Kelly, 102 A.3d 1025 (Pa.Super. 2014) (penal statutes construed strictly; ambiguity resolves in defendant's favor)