Commonwealth v. Gallagher

DEL SOLE, Judge.

Appellant was convicted, following the entry of a guilty plea, on a charge of Driving Under the Influence. A passenger in the car driven by Appellant sustained serious bodily injuries as a result of the accident which led to Appellant’s arrest. Test results indicated that Appellant had a .13 percent blood alcohol level. At the sentencing colloquy Appellant claimed he was forced off the road to avoid an oncoming Nissan automobile that was in his lane of travel.

*459Appellant was sentenced to pay the costs of prosecution, a fine, a surcharge to the CAT Fund, and undergo imprisonment…