Commonwealth v. Cummings

I would hold that the lower court incorrectly rejected the evidentiary offer of the photocopy in this case and, accord*155ingly, would reverse the order below dismissing the prosecution.

The court below dismissed the speeding prosecution “because the Commonwealth was not prepared to introduce a certificate of timing device accuracy as required by law.” Lower ct. op. at 3. This conclusion was based upon two separate grounds: (1) the photocopy of the certificate of accuracy was not admissible under 42 Pa.C.S. § 6109(b), and (2) Trooper Algatt could not provide sufficient identification of the…