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COM. v. BAILEY

No. 1568 WDA 2007.

947 A.2d 808 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Joel D. BAILEY, Appellant.

Superior Court of Pennsylvania.

Filed April 25, 2008.

Attorney(s) appearing for the Case

Maureen McQuillan, Johnstown, for appellant.

Jerry L. Spangler, Asst. Dist. Atty., for Com., appellee.

BEFORE: BENDER, GANTMAN and TAMILIA, JJ.

OPINION BY BENDER, J.:

¶ 1 Joel D. Bailey (Appellant) appeals from the August 7, 2007, judgment of sentence of 30 days to 6 months imprisonment, fines, and costs imposed after he was convicted of driving while imbibing1 and driving under the influence of a high rate of alcohol.2

¶ 2 On June 13, 2006, at approximately 7 p.m., Officer Rice of the Windber Borough Police Department observed a...

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