COM. v. GALLAGHER


430 Pa.Super. 457 (1993)

634 A.2d 1147

COMMONWEALTH of Pennsylvania v. James E. GALLAGHER, Jr., Appellant.

Superior Court of Pennsylvania.

Filed December 9, 1993.


Attorney(s) appearing for the Case

David J. Foster, Lemoyne, for appellant.

Alison Taylor, Asst. Dist. Atty., Carlisle, for Com., appellee.

Before DEL SOLE, FORD ELLIOTT and HOFFMAN, JJ.


DEL SOLE, Judge.

Appellant was convicted, following the entry of a guilty plea, on a charge of Driving Under the Influence. A passenger in the car driven by Appellant sustained serious bodily injuries as a result of the accident which led to Appellant's arrest. Test results indicated that Appellant had a .13 percent blood alcohol level. At the sentencing colloquy Appellant claimed he was forced off the road to avoid an oncoming Nissan automobile that was in his lane...

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