Commonwealth v. Owen

HOFFMAN, Judge:

This appeal by the Commonwealth is from the order below granting appellee Darryl G. Owen’s petition for a writ of habeas corpus and dismissing the driving under the influence charges filed against him. The Commonwealth contends that the court below erred in determining that the Commonwealth failed to establish a prima facie case against appellee in that it did not demonstrate that the alleged offense occurred on a “highway” or “trafficway” as required by the Motor Vehicle Code. See 75 Pa.C.S.A. § 101 et seq. For the reasons set forth below, we affirm.

On February 3, 1989, a…