COM. v. SHIFFLER


373 Pa.Super. 497 (1988)

541 A.2d 780

COMMONWEALTH of Pennsylvania v. Richard SHIFFLER, Appellant.

Supreme Court of Pennsylvania.

Filed May 9, 1988.


Attorney(s) appearing for the Case

Dennis I. Turner, Pittsburgh, for appellant.

Sean K. Code, Assistant District Attorney, Pittsburgh, for Com., appellee.

Before ROWLEY, McEWEN and POPOVICH, JJ.


ROWLEY, Judge:

This is an appeal from the judgment of sentence imposed on a jury conviction for operating a motor vehicle in violation of 75 Pa.C.S. § 3731(a)(4), Driving Under the Influence. This case presents a novel question: Whether a defendant, whose application to suppress the results of an intoxilyzer test is denied as being untimely, is barred from presenting evidence at trial concerning an alleged history of malfunctions of the intoxilyzer unit where...

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