| COMMONWEALTH OF PENNSYLVANIA v. MICHELLE NECOLE GRIFFITH No. 1315 MDA 2008 2009 PA Super 120 Atlantic: n/a Petition for Reargument Denied 9/11/2009 Filed: 7/2/2009 | |
| Appeal from the Judgment of Sentence June 25, 2008 In the Court of Common Pleas of Berks County Criminal Division at No. CP-06-CR-0003318-2006 | |
| Before: LALLY-GREEN, BENDER, JJ. and McEWEN, P.J.E. | |
| Opinion by: BENDER, J. | |
| Dissenting Statement Opinion by: LALLY-GREEN, J. | |
| Michelle Necole Griffith appeals the judgment of sentence imposed following her conviction of Driving Under the Influence of a Controlled Substance. 75 Pa.C.S. § 3802(d)(2). Griffith contends that the trial court erred in refusing to suppress prescription medication seized from the defendant’s car after police transported her to a local hospital for blood testing. Griffith also asserts that the evidence adduced at trial was not sufficient to sustain a conviction under section 3802(d)(2), as the Commonwealth did not introduce expert testimony to establish that the medications found in her bloodstream could have impaired her ability to drive safely. Upon review, we concur in Griffith’s conclusion that the evidence was not sufficient to sustain her conviction under section 3802(d)(2). Accordingly, we reverse said conviction, vacate the judgment of sentence, and remand this matter for re-sentencing. | |
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