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COM. v. TRIVITT

437 Pa.Super. 432 (1994)

650 A.2d 104

COMMONWEALTH of Pennsylvania v. Ricky A. TRIVITT, Appellant.

Superior Court of Pennsylvania.

Filed November 16, 1994.

Attorney(s) appearing for the Case

Samuel K. Gates, Hanover, for appellant.

John W. Thompson, Jr., Asst. Dist. Atty., York, for Com., appellee.

Before ROWLEY, P.J., and CIRILLO and DEL SOLE, JJ.

CIRILLO, Judge:

Ricky A. Trivitt appeals from a judgment of sentence entered in the Court of Common Pleas of York County after his conviction of Driving Under the Influence of Alcohol (DUI), 75 Pa.C.S.A. § 3731(a)(4).1 We reverse.

On August 15, 1994 at 2:30 a.m., Trivitt's vehicle was stopped at a sobriety checkpoint on Route 74 in York County. After conducting some routine questioning, Officer Joseph F. Bollinger asked Trivitt...

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