Commonwealth v. McKellick

DISSENTING OPINION BY

DONOHUE, J.:

The trial court found Appellant Michael Timothy McKellick (“McKellick”) guilty of Driving Under the Influence — Highest Rate of Alcohol, 75 Pa.C.S.A. § 3802(c) (“DUI”), even though no witness at trial testified that McKellick was driving while intoxicated on the night of his arrest. Before the time of trial, Trooper Joshua D. Miller (the arresting officer) tragically died in the line of duty in another case. Trooper Miller was the only person with personal knowledge of the events leading to McKellick’s arrest (other than McKellick himself), and thus the…