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COM. v. SPEIGHTS

353 Pa.Super. 258 (1986)

509 A.2d 1263

COMMONWEALTH of Pennsylvania v. John SPEIGHTS, Appellant.

Supreme Court of Pennsylvania.

Filed April 3, 1986.

Reargument Denied June 16, 1986.

Attorney(s) appearing for the Case

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WICKERSHAM, BECK and CERCONE, JJ.

BECK, Judge:

The sole issue in this appeal is whether, without explanation by expert testimony, the result of a breathalyzer test administered two hours and forty-five minutes after appellant operated a motor vehicle, constitutes sufficient evidence to convict appellant of violating subsection 3731(a)(4) of the Vehicle Code,1 namely, "[a] person shall not drive, operate or be in actual...

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