Commonwealth v. Kittelberger

BROSKY, Judge.

This is an appeal from the judgment of sentence 1 entered following appellant’s conviction for driving in excess of the speed limit. 2 The sole issue presented for our review is whether the Commonwealth sustained its burden of proving that the speed timing device utilized was of a type that had been approved by the Pennsylvania Department of Transportation (PennDoT) where the only evidence offered by the Commonwealth relating to this matter was the certificate of accuracy. For the reasons set forth below, we reverse the judgment of sentence and discharge appellant.

Before…