Commonwealth v. Albright

HESS, J.,

— This matter is before the court on the defendant’s pre-trial motion to dismiss. He contends, in short, that inasmuch as the district justice dismissed the original charge in this case, the subsequent refiling and present rehearing of the- case is improper. There is no dispute concerning the procedural background.

On July 1, 1990, the defendant was issued a citation by Trooper Sattazahn of the Pennsylvania State Police for travelling 124 miles-per-hour in a 55 miles-per-hour speed zone. A hearing was scheduled before District Justice Donald Daihl for July 23, 1990, at'l p.m. Proper…