Commonwealth v. Runkle

UHLER, J.,

Before the court is an omnibus pretrial application of James Anthony Runkle to dismiss the pending driving under the influence charge, on grounds of double jeopardy pursuant to Article 1, section 10 of the Pennsylvania Constitution; the Fifth Amendment of the United States Constitution, as applied to the states through the 14th Amendment; and 18 Pa C.S. §§109-110, or in the alternative, estoppel.

The underlying facts are that defendant, James A. Runkle, on February 4, 1990, was operating a tractor-trailer on Route 30. The tractor-trailer struck a building in Abbottstown Borough,…