Allen v. Commonwealth

LESTER, Chief Judge.

This is an appeal from a judgment entered upon a jury verdict convicting appellant of driving while under the influence of intoxicants and sentencing him to thirty days confinement and imposing a fine of $500.

Although Allen claims by way of brief that he also appeals from an order denying him a new trial, the real basis of his arguments is found in his motion to suppress the results of a preliminary breath test and a blood alcohol test. Neither party contests the underlying factual background which is very succinctly set forth by Judge Potter in his opinion and order…