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COMMONWEALTH PENNSYLVANIA v. THOMAS J. HOBURN (03/23/84)

submitted: March 23, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
THOMAS J. HOBURN, APPELLANT



No. 01272 Pittsburgh 1982, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Westmoreland County at No. 707 C Term, 1982.

COUNSEL

Richard R. Victoria, Greensburg, for appellant.

Terrance G. Faye, Assistant District Attorney, Greensburg, for Commonwealth, appellee.

Popovich, Hoffman and Lipez, JJ. Lipez, J., concurs in the result.

Author: Popovich

[ 335 Pa. Super. Page 539]

This is an appeal from an order of the trial court which dismissed a pretrial motion to dismiss the charges against appellant, Thomas Hoburn. We affirm in part and reverse in part.

The facts which are undisputed are as follows:

On May 25, 1982, at approximately 1:07 a.m., appellant was operating a motor vehicle through the Borough of Mt. Pleasant and was pursued by a local police officer for summary violations of the Motor Vehicle Code. See the Act of June 17, 1976, P.L. 162, No. 81, § 1. During the pursuit, appellant was involved in an accident. However, because the accident occurred approximately a quarter of a mile from the township border, the local police officer contacted

[ 335 Pa. Super. Page 540]

    the state police who arrived on the scene fifteen minutes later.

On that same day, charges were filed against appellant by the local police. These seven charges were as follows: limitations on driving on the left side of the road,*fn1 driving a prohibited unregistered vehicle,*fn2 driving while operating privilege suspended or revoked,*fn3 driving a vehicle at safe speed,*fn4 fleeing or attempting to elude a police officer,*fn5 driving under the influence of alcohol or controlled substance,*fn6 and operating a vehicle without the official certificate of inspection.*fn7 All of the charges are summary offenses with the exception of driving under the influence of alcohol or a controlled substance, which is a misdemeanor of the third degree. Appellant entered pleas of not guilty to these charges, and, after a preliminary hearing was held, appellant was bound over for trial.

Eight days later, on May 28, 1982, the state police officer also filed charges against appellant, all six of which were summary offenses arising from his operation of a motor vehicle on May 15, 1982, at 1:08 a.m. Some of these were the same as those charged in the other complaint, a few were added, and the driving under the influence charge was not included, as noted in the following chart:

Charges filed by Charges filed by

     the local police the state police

§ 1301 Driving a prohibited unregis- Driving a prohibited unregis-

     tered vehicle tered vehicle

§ 1543(a) Driving while operating privi- Driving while operating privi-

     lege is suspended or revoked lege is suspended or revoked

§ 1751 Not applicable Insurance identification re-

     quired while driving

§ 3305 Not applicable Limitations on overtaking on

     the left

§ 3306

(a)(2) Limitations on driving on the Not applicable

     left side of the road

§ 3361 Driving a vehicle at safe ...


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