Commonwealth v. Arroyo

DEL SOLE, Judge:

This is an appeal from the judgment of sentence following Appellant’s conviction on the charge of possession of a small amount of marijuana.

Appellant was a passenger in a car that Officer Donald G. Bender stopped at 2:31 a.m. because the driver appeared to him to be under the age of 18 and, if so, in violation of 75 Pa.C.S.A. § 1503(c)(1) of the Motor Vehicle Code. This section provides, with few exceptions, that no licensed driver under the age of 18 may drive on a public highway between the hours of midnight and 5:00 a.m. Officer Bender activated his emergency lights and…