Commonwealth v. Apollo

CERCONE, Judge:

This is an appeal by the Commonwealth of an order of the Court of Common Pleas of Snyder County, precluding the admission at trial of any testimony relating to the administration of a field sobriety test, the horizontal gaze nystagmus (HGN) test, to defendant/appellee. We affirm.

On January 8, 1990, state trooper Michael R. Connelly filed a criminal complaint against appellee, charging him with driving under the influence of a controlled substance, 1 and driving a vehicle in the wrong lane. 2 At a pre-trial hearing on appellee’s motion for omnibus pre-trial relief, Officer…