COM. v. KOHLIE


811 A.2d 1010 (2002)

COMMONWEALTH OF PENNSYLVANIA, Appellant, v. Parmish Lalit KOHLIE, Appellee.

Superior Court of Pennsylvania.

Filed October 22, 2002.

Reargument Denied January 3, 2003.


Attorney(s) appearing for the Case

James R. Gilmore, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

David B. Chontos, Turtle Creek, for appellee.

Before: JOHNSON, MUSMANNO and BOWES, JJ.


BOWES, J.:

¶ 1 The Commonwealth appeals from the September 4, 2001 order granting Appellee's pretrial motion to dismiss the charge of driving under the influence of alcohol with a blood alcohol content of 0.10% or greater. For the following reasons, we reverse and remand.

¶ 2 At approximately 2:35 a.m. on August 2, 2000, Appellee, Parmish Kohlie, lost control of his gray 1992 Saab 900 sedan while driving south in the right lane on State Route 65...

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