By Burt Rose
The Superior Court of Pennsylvania has issued an Opinion in the matter of COMMONWEALTH of Pennsylvania, Appellant v. Tarique WILSON, Appellee, No. 1321 EDA 2013, 2014 WL 4637244, 2014 PA Super 202 (Sept. 18, 2014). This was an appeal from an Order of the Court of Common Pleas of Philadelphia County, Criminal Division, MC–51–CR–0008085–2012. The Judges on the panel were PANELLA, LAZARUS and JENKINS. Judge Panella wrote the Opinion.
The Panel ruled that the trial court had erred in affirming a municipal court judge’s suppression of evidence which erred by holding that 75 PaCS 3802(d), pertaining to driving under the influence of a controlled substance, requires testing for controlled substances to occur within two hours of driving. Judge Panella held that the legislature did not envision a time limit on testing for the presence of controlled substances after driving.