411 Pa. Super. 450 - Commonwealth v. Beatty’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(e) Penalty.— (1) Any person violating any of the provisions of this section is guilty of a misdemeanor of the second degree and the sentencing court shall order the person to pay a fine of not less than $300 and serve a minimum term of imprisonment of: (i) not less than 48 consecutive hours. (ii) not less than 30 days if the person has previously been convicted of an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years. (iii) not less than 90 days if the person has twice previously been convicted of an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years. (iv) not less than one year if the person has three times previously been convicted of an offense under this section or of an equivalent offense in this or other jurisdictions within the previous seven years.”

   2 later decisions quote this exact passage
   e.g. 411 Pa. Super. 465 - Commonwealth v. Eck · 411 Pa. Super. 460 - Commonwealth v. Tobin

2. ““Violating” in the common usage of the term refers to the time when the offensive conduct takes place, and it should not be confused with the point where the judicial process judges a violator to be accountable and then administers its punishment in accordance with due process. We read Section 3731(e)(1) ... as meaning exactly what it says: a present violation and a previous conviction constitute the look-back period. The plain meaning of the statute affords no other interpretation.”

   1 later decision quote this exact passage · from the majority
   e.g. 411 Pa. Super. 465 - Commonwealth v. Eck

3. “When determining penalty enhancement under section 3731(e)(1), the sentencing court must utilize the date of the offense for which the defendant is to be sentenced, and determine the number of prior convictions [ 1 ] as of that date; “a present violation and a previous conviction constitute the look-back period.””

   1 later decision quote this exact passage · from the majority
   e.g. 411 Pa. Super. 460 - Commonwealth v. Tobin