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Commonwealth Of Pa V. Joe Roberts Case Summary

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In the case of Commonwealth of PA vs Joe Roberts, was riding a skateboard (considered a vehicle under Section 3802 of the Motor Vehicle Code) and stumbled into a police officer and the officer smelled alcohol on his breath. Joe had to take a breathalyzer test revealing his was driving under the influence (under the influence of alcohol at 0.09% which is legally driving under the influence of alcohol). The Section 3802 states that “an individual may not drive, operate or be in actual physical control of the movement of a vehicle after having a sufficient amount of alcohol (at least 0.08%). The section 3802 does not apply to Joe Roberts in this case, considering he is a motor vehicle not a vehicle in which this case cannot be charged with a DUI.
According to the case of the Commonwealth of Pennsylvania v Lee Brown, she was riding a bike in the wrong lane of a avenue. Brown struck a car while in the wrong lane. The police …show more content…
Brown revealed a blood alcohol level of 0.29% which is over the law’s percentage f being able to operate a vehicle. The Commonwealth charged her with two counts of DUI and riding on the wrong side of the road. The court interpreting a statute must ascertain and effectuate the intention of the legislature and give full effect to each provision of the statute if at all possible. For instance, the case of “Fireman’s Fund Insurance Company vs Nationwide Mutual Insurance Company, 317 Pa. Super. 497,464 A.2d 431 (1983) mentions when the words of a statute are not explicit , the intention of the General Assembly may be ascertained by considering eight factors. The factors are (1) the occasion and necessity for the statute. (2) The circumstances under which it was enacted. (3) The mischief to be

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