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Commonwealth v. Slonaker

Judgment of the sentence following conviction on the charge of Driving Under the Influence affirmed; because appellant drove erratically for an extended period of time, smelled of alcohol and had bloodshot eyes, trooper had probable cause to suspect appellant of driving under the influence and, thus, the trial courts denial of appellants motion to suppress the result of his blood alcohol test is affirmed.

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�1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Berks County following Appellant’s conviction on the charge of Driving Under the Influence. *fn1 Appellant contends (1) that the police officer did not have sufficient evidence to arrest Appellant for Driving under the Influence and (2) that the police officer did not have probable cause to stop Appellant’s vehicle. We affirm the judgment of sentence.

�2 The relevant facts and procedural history are as follows: On January 2, 2000 at approximately 7:00 p.m., Trooper James Marasco of the Pennsylvania State Police was on routine patrol on SR 1010 when he observed a maroon Buick sedan driven by Appellant travel over the white fog line to the right of the roadway. The trooper followed the vehicle for approximately five miles. Over the course of the five miles, Trooper Marasco saw the two tires on the right side of the vehicle cross the fog line and remain there for several seconds two more times. He also saw Appellant drive over the double yellow line in the center of the roadway and on the fog line without completely crossing these lines. Appellant’s speed was between 40 and 60 miles per hour in a 55 mile per hour zone and the trooper observed the car continuously moving from left to right within Appellant’s lane of travel.

�3 Because of Appellant’s driving, the trooper stopped the vehicle and approached Appellant, who was sitting behind the wheel. Appellant’s eyes were bloodshot and glassy, and he exhibited an odor of alcohol. Trooper Marasco asked Appellant to perform two field sobriety tests, the one-leg stand and the walk-and-turn, both of which Appellant failed. Appellant was arrested and transported to St. Joseph’s Hospital where he consented to a blood alcohol test. Appellant’s BAC was .138%.

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