COMMONWEALTH v. GILLINGHAM

No. 10 Criminal 1984.

32 Pa. D. & C. 3d 37 (1984)

Commonwealth v. Gillingham

Common Pleas Court of Somerset County, Pennsylvania.

May 3, 1984.


Attorney(s) appearing for the Case

David J. Flower, assistant district attorney, for the Commonwealth.

Jerry L. Spangler, for defendant.


COFFROTH, P.J., May 3, 1984.

The issue in this prosecution of defendant for driving under the influence of intoxicating liquor, is whether the blood alcohol test result of .12 percent is inadmissible because the blood sample on which the test was based was taken almost two hours after the collision.

The following is a time log of relevant events:

5:00-5:22 p.m. — Defendant drank four...

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