Commonwealth v. Downie

VAN der VOORT, Judge:

This is an appeal by the Commonwealth from an order of the court below dismissing on its own initiative a complaint in which appellee is charged with driving an automobile while under the influence of alcoholic beverage.

On April 4, 1975, appellee was apprehended near the scene of an accident in which he was allegedly involved. At the time the officer arrived, appellee’s car had been pulled to the side of the road, the engine left running and appellee was slumped over the wheel. Appellee’s fifteen year old son was in the car with him. The officer was acquainted with…