Commonwealth v. Jolly

Appellant Herbert W. Jolly was convicted of driving under the influence of alcohol and a variety of traffic violations as a result of an automobile accident. Following the denial of post-trial motions and sentencing, appellant filed this direct appeal only from the judgment of sentence on the charge of driving under the influence of alcohol. For the reasons that follow, we reverse the judgment of sentence.

The accident which gave rise to the instant charges took place on May 9, 1981, at 8:10 a.m. By the time the police arrived at the scene, appellant had already been taken to a local hospital.…