Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of York County at No. 1587 CA 1983.
Samuel K. Gates, York, for appellant.
Lillian M. Morgan, Assistant District Attorney, York, for Commonwealth, appellee.
Wickersham, Wieand and Del Sole, JJ.
[ 340 Pa. Super. Page 446]
Phyllis Elaine Fry, appellant herein, was tried before the Honorable James E. Buckingham and a jury on November 25, 1983 and was convicted of driving while the amount of alcohol in the blood was 0.10 or greater. The same jury found her not guilty of driving under the influence of alcohol.
Appellant Fry's arrest had occurred on July 2, 1983 and the applicable statutory authority provided:
§ 3731. Driving under influence of alcohol or controlled substance
(a) Offense defined. -- A person shall not drive, operate or be in actual physical control of the movement of any vehicle while:
(1) under the influence of alcohol to a degree which renders the person incapable of safe driving;
(2) under the influence of any controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," to a degree which renders the person incapable of safe driving;
(3) under the combined influence of alcohol and any controlled substance to a degree which renders the person ...