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COM. v. KLOPP

863 A.2d 1211 (2004)

COMMONWEALTH of Pennsylvania, Appellant, v. Diane Lynn KLOPP, Appellee.

Superior Court of Pennsylvania.

Filed December 13, 2004.

Attorney(s) appearing for the Case

Douglas Waltman, Asst. Dist. Atty., Reading, for Commonwealth, appellant.

David R. Eshelman, Reading, for appellee.

Before: STEVENS, McCAFFERY and TAMILIA, JJ.

OPINION BY TAMILIA, J.:

¶ 1 The Commonwealth appeals from the April 1, 2004 Order granting appellee Diane Lynn Klopp's motion to suppress evidence seized after she was arrested for driving while under the influence of alcohol. Appellee's vehicle was observed at 2:00 a.m., by Pennsylvania State Trooper James Dziedzic, drifting back and forth across the fog line and double yellow line. Appellee failed field sobriety tests and had a blood alcohol content (BAC) of...

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