Commonwealth v. Malinowski

OPINION

NIX, Chief Justice.

Appellant, Lawrence J. Malinowski, appeals from the Order of the Superior Court which reversed the Court of Common Pleas of Allegheny County which granted Appellant’s motion to dismiss for a violation of Rule 1100 of the Pennsylvania Rules of Criminal Procedure.

On March 17,1991, Appellant was stopped by police officers for erratic driving. The officers suspected that Appellant was under the influence of alcohol and requested that he submit to a breathalyzer test. Appellant acquiesced and was tested on a machine purportedly calibrated and maintained in accordance with…