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COM. v. HUMMEL

363 Pa.Super. 376 (1987)

526 A.2d 393

COMMONWEALTH of Pennsylvania, Appellant, v. Robert L. HUMMEL, Appellee.

Supreme Court of Pennsylvania.

Filed May 18, 1987.

Attorney(s) appearing for the Case

Mark E. Morrison, Assistant District Attorney, Harrisburg, for Com., appellant.

Timothy J. O'Connell, Harrisburg, for appellant.

Before DEL SOLE, MONTEMURO and ROBERTS, JJ.

DEL SOLE, Judge:

On May 14, 1986, a van driven by Appellee was stopped by a Pennsylvania State Police trooper. A field sobriety test was conducted, following which, Appellee was arrested for driving under the influence of alcohol and/or a controlled substance. 75 Pa.C.S. § 3731(a)(1)-(4). In accordance with Pa.R.Crim.P., Rule 130(b), the arresting officer released Appellee instead of taking him before the District Justice. See Pa.R.Crim.P., Rule 130. On...

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