Commonwealth v. Boerner

VAN der VOORT, Judge:

Appeal is taken from judgment of sentence rendered following non-jury trial and adjudication of guilty of driving under the influence of alcohol. “Vehicle Code”, Act of 1976, June 17, P.L. 162, 75 Pa.C.S. § 3731(a)(1). Pertinent facts are that appellant was arrested at the scene of an accident in which appellant’s vehicle, with him behind the wheel, had left the roadway after hitting a truck. The investigating township police officers personally observed that Boerner was staggering and incoherent, and the odor of alcohol was prominent about him. They removed him to the…