Commonwealth v. Wilson
111 A.3d 747
| Pa. Super. Ct. | 2015Background
- Appellant was convicted of four counts of DUI, one count of careless driving, and one count of obscured plates after a non-jury trial.
- Police stopped Appellant at about 1:00 a.m. on May 7, 2013, after observing him stopped in the middle of the roadway and swerving across lines.
- Officer Martino detected a strong odor of alcohol, observed four unbelted children under twelve in the back, and found a wine-filled glass in the front console.
- Appellant exited the vehicle for field sobriety tests but failed the one-leg stand and performed poorly on walk-and-turn; he allegedly said, 'Just take me to jail.'
- A dash-cam recording captured the events from before to after the stop, with various line-crossings and the moment of arrest around the 18-minute mark.
- Appellant moved to suppress the evidence; the suppression motion was denied after a hearing on November 14, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence exceeded the statutory maximum | Appellant argues six-month maximum applies due to §3803(b)(1). | Commonwealth contends §3803(b)(5) elevates to first-degree misdemeanor with up to five years, so sentence is permissible. | Sentence upheld; 12 months probation within the five-year maximum. |
| Whether police had reasonable suspicion to stop the vehicle | Appellant contends stop was unlawful absent reasonable suspicion of a Vehicle Code violation. | Commonwealth argues probable cause to suspected non-investigative offenses supported the stop. | Stop deemed valid; probable cause supported non-investigatory stops. |
Key Cases Cited
- Commonwealth v. Musau, 69 A.3d 754 (Pa. Super. 2013) (six-month maximum applies despite first-degree misdemeanor grading)
- Commonwealth v. Concordia, 97 A.3d 366 (Pa. Super. 2014) (footnote discusses Musau limitations)
- Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005) (statutory construction principles for penalties)
- Commonwealth v. Gleason, 785 A.2d 983 (Pa. 2001) (probable cause standard for non-investigative stops)
- Commonwealth v. Chase, 960 A.2d 108 (Pa. 2008) (reaffirming Gleason standard for vehicle stops)
- Commonwealth v. Feczko, 10 A.3d 1285 (Pa. Super. 2010) (distinction between DUI investigative stops and other Vehicle Code violations)
- Commonwealth v. Ramos, 83 A.3d 86 (Pa. 2013) (special vs general provisions; specific overrides general)
- Commonwealth v. Reppert, 814 A.2d 1196 (Pa. Super. 2002) (standard of review for suppression rulings)