IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 415 WAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
MICHELLE LEIGH STARRY, :
:
Petitioner :
ORDER
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, 985
A.2d 871 (Pa. 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 Petitioner’s 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.”