Commonwealth v. Surina

JOHNSON, Judge.

The Commonwealth appeals from the order granting Joseph Surina’s motion in li-mine to exclude his breathalyzer test results, denying the Commonwealth’s request for an appeal from that ruling, and discharging the case. For the reasons set forth below, we reverse the order of the trial court and remand this matter for further proceedings.

The facts are as follows: After returning from a fire, Firefighter Edward Wrenn was standing at the rear of the fire engine to prevent cars from passing behind the truck as it backed into the fire station. N.T., Preliminary Hearing, August 3,…