Commonwealth v. Hurst

DEL SOLE, Judge:

Appellant was charged and found guilty by a district magistrate for Reckless Driving, a violation of 75 Pa.C.S. § 3714. Appellant later filed a summary appeal in the Dauphin County Court of Common Pleas. After a hearing on this matter, Appellant was adjudged guilty of Reckless Driving and received a sentence of 30 days imprisonment along with a $300.00 fine. The instant appeals follow.

Appellant asserts on appeal that the trial court erred in refusing Appellant’s oral motion to dismiss inasmuch as the prosecuting state trooper was not acting within his scope of employment at…