Commonwealth v. Demark

¶ 1 Appellant, the Commonwealth of Pennsylvania (the Commonwealth), appeals the order entered on April 20, 2001, granting the motion to suppress filed by Appellee, Mary Nicole DeMark. We reverse in part and affirm in part.

¶ 2 The facts as found by the trial court are as follows:

1. [Appellee] was arrested on August 1, 2000, and charged with one (1) count of Homicide by Vehicle while Under the Influence, 75 Pa.C.S.A. [§ ] 8735(a); two (2) counts of Driving Under the Influence of Alcohol or Controlled Substance, 75 Pa.C.S.A. [§ ] 3731(a)(1) and (a)(4); one (1) count of Homicide by Vehicle, 75…