Commonwealth v. Flanders

JACOBS, Judge:

This is an appeal by the Commonwealth from the order of the lower court dismissing the charge of driving while under the influence of an intoxicating liquor. The issue presented for our determination is whether the Commonwealth is barred by the Fifth Amendment of the United States Constitution or Commonwealth v. Campana, 1 from bringing the same charge against a defendant following a dismissal of that charge at a prior preliminary hearing for failure to establish a prima facie case. We hold that the Commonwealth is not barred from refiling the same charge and initiating a second…