Commonwealth v. Kehler

8 Pa. D. & C.4th 402, 1990 Pa. Dist. & Cnty. Dec. LEXIS 84
CourtPennsylvania Court of Common Pleas, Berks County
DecidedDecember 11, 1990
Docketno. 2575/90
StatusPublished

This text of 8 Pa. D. & C.4th 402 (Commonwealth v. Kehler) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Kehler, 8 Pa. D. & C.4th 402, 1990 Pa. Dist. & Cnty. Dec. LEXIS 84 (Pa. Super. Ct. 1990).

Opinion

LUDGATE, J.,

A preliminary hearing was held before District Justice John F. Dougherty on August 30, 1990. Defendant was bound over for court on the charges of driving under the influence of alcohol or controlled substance, 75 Pa.C.S. §§3731(a)(l) and 3731(a)(4). Defendant was also bound over for court on the summary charges of reckless driving, 75 Pa.C.S. §3714, and violation of 75 Pa.C.S. §3301(a), driving on right side of roadway.

This matter is before the court on defendant’s omnibus pretrial motion for relief, wherein defendant requests a dismissal on double jeopardy grounds and requests the suppression of evidence, that being the result of a blood alcohol test on defendant’s blood. This matter was previously before the court on defendant’s motion to dismiss the complaint for improper venue and double jeopardy filed June 14, 1990, to Miscellaneous Docket no. 190/90. This court denied defendant’s motion to dismiss by opinion and accompanying order dated August 6, 1990. The preliminary hearing was held on August 30, 1990, after this court denied defendant’s motion to dismiss on double jeopardy grounds. That order was based upon stipulated facts. Defendant argues that this court misinterpreted the stipulated facts and that a re-evaluation of these facts would lead to result in defendant’s favor.

[404]*404FINDINGS OF FACT

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Cite This Page — Counsel Stack

Bluebook (online)
8 Pa. D. & C.4th 402, 1990 Pa. Dist. & Cnty. Dec. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kehler-pactcomplberks-1990.