Commonwealth v. Saunders

BROSKY, Judge.

The Commonwealth of Pennsylvania (“Commonwealth”) appeals from the February 22, 1996 trial court order granting defendant-appellee James Saunders’ oral habeas corpus motion, which requested that the charges against him be dismissed due to insufficient evidence to establish a prima facie case; the trial court dismissed three counts of driving under the influence (“DUI”). 1

On March 23, 1995, at approximately 2:30 a.m., Pittsburgh Police Officer Gene Hlavae was on routine patrol in the Southside section of the city. Officer Hlavae drove his police cruiser through the parking lot of…