Commonwealth v. Kelley

CIRILLO, Judge:

Larry G. Kelley appeals from a judgment of sentence entered in the Court of Common Pleas of Fayette County following his conviction of driving under the influence of alcohol. 75 Pa.C.S.A. § 3731(a)(1). We reverse.

On October 23, 1992, at approximately 1:30 a.m., Sylvia Panzone, an emergency medical technician, was driving on Tippecanoe Road when she came across a one-vehicle accident. A car had landed in an embankment on the side of the road; its headlights were on. Panzone called the fire department and returned to the scene. She observed Kelley in the front seat of the vehicle…