Commonwealth v. Miller, PICS Case No. 10-1986 (Pa. Super. May 24, 2010) Gantman, J.; Allen, J., dissenting (24 pages).
Officer Unterkoefler responded to the scene of Appellee Miller’s motor vehicle accident. Miller failed to negotiate a curve in the road and struck a telephone pole. Upon approaching the crash scene, Officer Unterkoeffler immediately detected the odor of alcohol inside the vehicle and on Miller. Miller was semi-conscious and could not respond to the officer’s questions. After Miller was removed from the vehicle and transported to the hospital, the officer saw a case of beer in the vehicle.
