Commonwealth v. Starry

OPINION BY NICHOLS, J.:

The Commonwealth appeals from the order granting Appellee Michelle Leigh Starry's motion for supplemental ruling on her petition for a writ of habeas corpus and dismissing the charge of driving under the influence (DUI)-highest rate of alcohol. The Commonwealth claims it established a prima facie case to proceed on that charge. We reverse.

In a previous memorandum, this Court set forth the factual and procedural history of this case as follows:

On January 26, 2014, an individual identified as Mr. Teeter contacted State Police, indicating that Appellee had left his…