Commonwealth v. Passarella

Opinion by

Judge Mencer,

On August 12, 1971, a police officer discovered James A. Passarella (appellee) behind the wheel of a car which had just been in an accident. Appellee had to be helped from the car; he had difficulty keeping his eyes open; he had to be supported because he could not stand by himself; he had difficulty speaking without slurring his words; and he had a strong smell of alcohol about him. Other individuals in the vehicle seemed to be in a similar inebriated state.

Appellee was then taken to Lankenau Hospital where he was examined and then released. He was then charged with a…