Commonwealth v. Gallagher

VAN der VOORT, Judge:

During the early morning hours of May 24,1973, Pennsylvania State Policemen Charles W. Conley and Robert J. Kovel were on turnpike patrol when they came upon an Oldsmobile station wagon illegally parked in a turnpike cross-over area. The automobile was parked so as to partially obstruct both inner or “fast” lanes of the turnpike. The vehicle’s engine and lights were turned off, and Elwood Gallagher, appellant in the case before us, was sound asleep on the front seat. The police officers aroused appellant, observing a strong odor of alcohol on his breath, and helped him…