In Re Rcy
27 A.3d 227
Pa. Super. Ct.2011Background
- Appellant, a minor, stole his uncle's unregistered and uninsured Honda Civic and drove with a learner's permit, no valid license.
- He fled after being observed disobeying stop signs and signaling a turn, prompting police to pursue.
- During the chase, he repeatedly ran stop signs, damaged property, and attempted to flee by parking and revving the engine in snow.
- Officers boxed the vehicle; Appellant struck a squad car and an officer, then fled as the officer broke the driver's window to intervene.
- The chase ended on a public street when the vehicle stalled and Appellant was apprehended; he was charged with fleeing/eluding, among other offenses.
- The juvenile court adjudicated delinquency on the fleeing/eluding charge and, after dispositional orders and dismissals of remaining charges, the case was appealed focused on the § 3733(a.2)(2) enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'high-speed chase' in § 3733(a.2)(2)(iii) requires excessive speed | R.C.Y. argues no high-speed chase; speed not exceeding 35 mph. | Commonwealth contends the term is a flexible standard reflecting dangerous conduct, not a numeric speed. | Yes; the term is not literal speed but a danger-based standard to be applied by courts. |
Key Cases Cited
- In re T.B., 11 A.3d 500 (Pa.Super. 2010) (standard for sufficiency of evidence and appellate review in delinquency cases)
- Commonwealth v. Driscoll, 485 Pa. 99, 401 A.2d 312 (Pa. 1979) (penal provisions shall be strictly construed)
