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Commonwealth v. Billings

"Justification" instruction was not warranted where DUI defendant allegedly took over driving after companion became upset upon hitting animal on sparsely-traveled road late at night.

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�1 This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Delaware County, after a jury convicted Appellant, William Billings, of Driving Under the Influence of Alcohol (“DUI”), 75 Pa.C.S. � 3731(a)(1). *fn1 Appellant’s sole issue on appeal is whether the court erred by refusing to instruct the jury on the defense of justification. We affirm.

�2 The facts of record establish that on May 19, 1996, at about 2:10 a.m., Nether Province Township Police Officer Douglas Soule was traveling southbound on Turner Road when he observed a vehicle parked in the middle of the northbound lane. After Officer Soule passed the car and made a U-turn, the car began to move, and Officer Soule followed it. Soule observed the car cross the yellow lines and swerve within its lane and stopped the car. Appellant was driving the car, and Karen Percival was sitting in the passenger seat. Appellant identified himself to the officer as “David Peaschek” but did not provide identification. Appellant told the officer that the car was stopped in the middle of the road because Appellant’s companion, who had been driving, would no longer drive as she had hit a small animal in the street and was too upset to continue driving. Thus, Appellant explained that he had to take over and drive the car.

�3 While speaking to Appellant, the officer noticed signs of intoxication and administered a field sobriety test. Appellant failed the field sobriety test and was taken into custody for further tests at the hospital, where Appellant continued to identify himself as “David Peaschek.” The results of the blood test indicated Appellant had a blood alcohol level of 0.25%, which is beyond the legal limit, and Appellant was taken to the police station and finger- printed.

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