*124 Justice EAKIN, concurring. I concur in the result reached by my colleagues, but I respectfully disagree with both the majority’s and Madame Justice Greenspan’s interpretation of 75 Pa.C.S. § 3802(a)(1). I agree with Madame Justice Greenspan that under § 3802(a)(1), the Commonwealth need not prove the driver’s condition at the moment of driving, but…
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