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COM. v. FINCHIO

926 A.2d 968 (2007)

COMMONWEALTH of Pennsylvania, Appellant, v. Michael A. FINCHIO, Appellee.

Supreme Court of Pennsylvania.

Decided July 18, 2007.

Attorney(s) appearing for the Case

Douglas Grant McCormick, Esq., for Commonwealth of Pennsylvania.

Stephen Emilio Sebald, Esq., Sebald & Herman, L.L.C., for Michael A. Finchio.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

PER CURIAM.

This is a direct appeal from an order declaring a portion of Pennsylvania's DUI statute unconstitutional.

Pennsylvania's present DUI law was enacted in 2003 and took effect in early 2004.1 Codified at Section 3802 of the Vehicle Code, the enactment provides, in relevant part:

§ 3802. Driving under influence of alcohol or controlled substance * * * ...

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