I followed my boss to court this morning to observe a Non-jury trial for which I drafted a motion challenging the constitutionality of 75 Pa.C.S. 3802(d)(2). Basically, 3802(d)(2) says that it is unlawful for someone to drive who is under the influence of a drug or a combination of drugs to the point of unsafe impairment. On its face, this statute appears to be a good law. It will keep drug users who are high off any narcotic off the roads. However, as applied it presents a real problem.
Take for example our client (some facts are changed for obvious reasons). Single mother who suffers from a mental illness. Her doctor prescribes her medications that she takes on a daily basis. For three days, her medications have stopped working and she is suffering from an episode caused by her mental illness (call it a depressive episode, manic episode, whatever). However, her children, who play little league baseball, have a tournament on day three. Unable to get a hold of her doctor, the woman decides to take her children to their baseball game b/c she is feeling better and took her medications that morning. While driving, she is pulled over and charged under 3802(d)(2). She legally took her medically prescribed medication, she drove with a legal license, yet she is being charged as a criminal.
Anyone else see a problem with this? Post your thoughts to comments.
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