COMMONWEALTH v. STOOPS


723 A.2d 184 (1998)

COMMONWEALTH of Pennsylvania, Appellant, v. Daniel Clyde STOOPS, Appellee.

Superior Court of Pennsylvania.

Filed December 10, 1998.

Reargument Denied February 19, 1999.


Attorney(s) appearing for the Case

Lisa Schlosser, Asst. Dist. Atty., Erie for the Com., appellant.

Paul J. Susko, Erie, for appellee.

Before EAKIN, SCHILLER, and OLSZEWSKI, JJ.


OLSZEWSKI, J.:

The Commonwealth appeals from an order suppressing breath test results by the Court of Common Pleas of Erie County. We affirm.

In the early morning hours of July 13, 1997, appellee was pulled over at a sobriety checkpoint. After failing several field sobriety tests, appellee was arrested and taken to the Kearsarge Fire Department to undergo testing of his blood alcohol content by breathalyzer. Officer Ott performed the breathalyzer testing....

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