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COMMONWEALTH PENNSYLVANIA v. RICHARD E. MCAULAY (03/05/87)

decided: March 5, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD E. MCAULAY



Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Clinton County at No. 53-1985.

COUNSEL

James N. Bryant, State College, for appellant.

Donna Rae, Assistant District Attorney, Lock Haven, for Com., appellee.

Wickersham, Rowley and Tamilia, JJ.

Author: Wickersham

[ 361 Pa. Super. Page 420]

Richard E. McAulay appeals from the judgment of sentence imposed upon him by the Court of Common Pleas of Clinton County.

In the early morning hours of December 30, 1984, appellant was drinking with a friend in a Lock Haven bar known as Sal's. A few minutes before closing, a female patron of the bar named Theresa Watt approached appellant and struck up a conversation. Appellant, who did not know Ms. Watt, accepted her invitation to accompany her to a party. Realizing that he was too drunk to drive, however, he gave

[ 361 Pa. Super. Page 421]

    her the keys to his new Ford pickup, after ascertaining that she could drive a standard shift vehicle. Unfortunately, he failed to ascertain her sobriety, or lack thereof. They got into the truck and Ms. Watts proceeded to take off on a 100 foot careening trip into a telephone pole.*fn1 Witnessing this

[ 361 Pa. Super. Page 422]

    abortive trip was a nearby Lock Haven police officer, who promptly went to the scene. Appellant suffered a head injury in the accident, but recovered; Ms. Watt was uninjured. The truck and telephone pole were totaled. A consensual blood test performed on Ms. Watt shortly thereafter at the hospital revealed a blood alcohol content of .242 percent. She also revealed to the officer at that time that her driver's license had been suspended, another fact she had neglected to mention to appellant at the bar.

On January 7, 1985, Ms. Watt was charged with driving under the influence and driving under suspension and eventually was accepted for Accelerated Rehabilitative Disposition.

On January 8, 1985, appellant was charged with the summary offense of permitting on unauthorized person to drive, 75 Pa.C.S. § 1574. He subsequently pled guilty to this offense before a district justice and paid a fine. On January 11, 1985, after appellant had pled guilty to the first offense, he was charged by the same officer with the misdemeanor offense of permitting violation of title, 75 Pa.C.S. § 1575, for letting Ms. Watt drive his truck while intoxicated. Appellant filed a motion to quash which was denied on April 24, 1985. Appellant ...


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