Driving Under the Influence • Probable Cause • “Actual Physical Control” • Motion to Suppress
Commonwealth v. Bauer, PICS Case No. 17-0394 (C.P. Carbon County Dec. 28, 2016) Matika, J. (11 pages).
Court suppressed evidence of defendant’s BAC and found her arrest for DUI unlawful because officer did not have probable cause to believe that she was in actual physical control of her vehicle, did not have probable cause to arrest her and did not have probable cause to request a blood draw where officer found defendant asleep behind the wheel of a safely parked car with the lights and engine off. Motion to suppress granted.
