COMMONWEALTH v. McCLOSKEY

No. 400-90.

9 Pa. D. & C. 4th 152 (1991)

Commonwealth v. McCloskey

Common Pleas Court of Clinton County, Pennsylvania.

February 1, 1991.


Attorney(s) appearing for the Case

Ted McKnight, district attorney, for the Commonwealth.

Paul Ryan, for defendant.


BROWN, P.J., February 1, 1991.

Defendant has been charged with the offense of driving under the influence under section 3731(a)(1) as well as under section 3731(a)(4). Defendant's motion to dismiss is predicated upon constitutional double jeopardy grounds.

The probable cause affidavit filed in support of the driving under the influence charge alleges that on October 2, 1990, at approximately 3:50 a.m., Trooper Cavanaugh of the Pennsylvania State Police...

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