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COMMONWEALTH PENNSYLVANIA v. DAVID R. WILSON (01/30/89)

filed: January 30, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
DAVID R. WILSON, APPELLANT



Appeal from the Judgment of Sentence entered October 30, 1987 in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC8700542.

COUNSEL

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com.

Olszewski, Del Sole and Kelly, JJ.

Author: Del Sole

[ 381 Pa. Super. Page 254]

Appellant, David R. Wilson, was found guilty of one count of operating a motor vehicle while under the influence of alcohol (75 Pa.C.S.A. § 3731(a)(1)); and one count of operating a motor vehicle while his blood alcohol content exceeded 0.10% (75 Pa.C.S.A. § 3731(a)(4)). Wilson appeals

[ 381 Pa. Super. Page 255]

    raising two issues. We find both issues meritless and affirm the judgment of sentence.

One night, two police officers were called to the Elks Club because of a disturbance in the Club building. When the officers arrived, they found Wilson to be belligerent, disorderly and in what appeared to be a highly intoxicated state. Because of his apparent intoxication the officers gave Wilson the choice of calling a cab, taking a ride from the police or walking in order to get home. Wilson began to walk home, only to return to the Club's parking lot. Wilson then got into a car that was parked in the lot, started the car and began to exit the lot. At that time one of the police officers blocked Wilson's car from proceeding. Wilson was then arrested and was taken to a hospital which determined his blood alcohol content to be 0.196%.

Wilson was charged with Driving under the Influence of Alcohol which is defined in the vehicle code as a "Serious Traffic Offense." A Serious Traffic Offense, according to 75 Pa.C.S.A. § 3101, must be committed on a highway or a trafficway. A highway is defined as:

     the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park.

75 Pa.C.S.A. § 102.

A trafficway is defined as:

     the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of ...


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