Commonwealth v. Culp

CERCONE, Judge:

This is a Commonwealth appeal from an order by which the lower court granted appellee’s motion to suppress a hospital record containing the results of his blood alcohol test taken immediately following his arrest for driving under the influence of alcohol. Following a hearing on appellee’s omnibus pre-trial motion, the lower court held that the Commonwealth had not met its burden of going forward with the evidence, or the burden of establishing that the evidence was not obtained in violation of the appellee’s rights. As a result, Judge McCullough suppressed the evidence for use…