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COM. v. MABREY

406 Pa.Super. 437 (1991)

594 A.2d 700

COMMONWEALTH of Pennsylvania, Appellant, v. George MABREY.

Superior Court of Pennsylvania.

Filed July 25, 1991.

Attorney(s) appearing for the Case

Stephen B. Harris, Asst. Dist. Atty., Warrington, for Com., appellant.

Mel D. Kardos, Newtown, for appellee.

Before ROWLEY, President Judge, and CIRILLO and JOHNSON, JJ.

JOHNSON, Judge:

The Commonwealth appeals from an order which suppressed the breath test results obtained from an intoxilyzer in the course of a prosecution for driving under the influence (DUI). It asks us to find error in the suppression hearing court's conclusion that the deviations found in the prior results of the machine in question arose from mechanical malfunction, rather than as a result of poor breath...

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