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Criminal Procedure Keyed to Miller
Commonwealth v. Victoria Livingstone
Citation:174 A.3d 609 (Pa. 2017)
Livingstone (defendant) was driving at night and pulled over onto the right side of the road to enter an address into her navigation system. The vehicle’s engine was running but the hazard lights were not activated. A Pennsylvania State Tropper activated his emergency headlights and pulled up next to Livingstone’s vehicle. He observed that Livingstone had “glossy eyes” and made several confusing statements. Based on his observations, the trooper administered a breathalyzer test on Livingstone, which indicated Livingstone’s blood alcohol content (BAC) was .205%. Livingstone was accordingly charged with a DUI.
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