Commonwealth v. Teems
74 A.3d 142
| Pa. Super. Ct. | 2013Background
- Trial convicted Teems of DUI under 75 Pa.C.S. § 3802(a)(1) and (b) after a single-witness trial; Trooper Finkle testified to post-accident observations and BAC.
- Accident occurred 2:00 a.m. on I-81 with Appellant’s car immobilized and on rims, driver in vehicle when officers arrived.
- Trooper detected alcohol odor, red glassy eyes, slurred speech; field sobriety tests were not performed due to highway danger.
- Portable breath test failed five times; BAC later measured at 0.143% at 3:00 a.m. at the hospital.
- Defense argued no evidence of last driving; trial court denied judgment of acquittal and jury convicted on both counts.
- Judge affirmed judgment of sentence of 60 months’ intermediate punishment with 12 months in county jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of 3802(a)(1) proof | Teems drove while incapacitated | No evidence of last driving; car was immobilized | Sufficient circumstantial evidence supports impairment conviction |
| Sufficiency of 3802(b) proof | BAC within two hours of driving | Unclear time between driving and BAC | Evidence supports BAC within two hours; conviction affirmed |
Key Cases Cited
- Commonwealth v. Toland, 995 A.2d 1242 (Pa.Super.2010) (sufficiency standard and circumstantial evidence discussed)
- Segida v. Commonwealth, 985 A.2d 871 (Pa.2009) (reversible error avoided by reasonable inference from circumstantial evidence)
- Commonwealth v. Mollett, 5 A.3d 291 (Pa.Super.2010) (jury instructed on control of vehicle; reasonable inferences allowed)