Commonwealth v. Mislivets

Opinion by

Judge Wilkinson,

This case is controlled by our recent decision in Bureau of Traffic Safety v. Thomas, 9 Pa. Commonwealth Ct. 474, 308 A. 2d 165 (1973), handed down July 24, 1973 and, therefore, not available to the lower court when this case was decided on May 29, 1973. We must reverse.

On August 14, 1972, appellee was arrested by a member of the Pennsylvania State Police on Interstate 81 for travelling 86 miles per hour in a 65-mile per hour zone, a violation of Section 1002(b) (8) of The Vehicle Code, Act of April 29, 1959, P. L. 58, as amended, 75 P.S. §1002(b) (8). The officer…