Commonwealth v. Revtai

OPINION

McDermott, justice.

These cases were consolidated in order to address a common issue, to wit: whether a violation of Rule 130(d) of the Pennsylvania Rules of Criminal Procedure mandates immediate dismissal of a criminal complaint without inquiry into the prejudice suffered by the defendant. The germane facts of these cases are set out below.

I

No. 5 W.D. Appeal Docket 1986

Appellee, Andrew Revtai, was arrested by an officer of the McKees Rocks Police Department on May 25, 1983, and charged with drunk driving. After a breathalyzer test was administered, which showed a .23% blood-alcohol…