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COMMONWEALTH PENNSYLVANIA v. VERA MARIE SEIBERT (06/15/87)

submitted: June 15, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
VERA MARIE SEIBERT, APPELLANT



Appeal from the Judgment of Sentence entered March 6, 1987 in the Court of Common Pleas of Clinton County, Criminal Division, at No. 288-85.

COUNSEL

Craig P. Miller, Lock Haven, for appellant.

Donna L. Rae, Assistant District Attorney, Lock Haven, for Com., appellee.

Del Sole, Montemuro and Hester, JJ.

Author: Del Sole

[ 366 Pa. Super. Page 526]

Appellant appeals the Judgment of Sentence which was imposed following her conviction by a jury of Driving Under the Influence in violation of Section 3731(a)(4) of the Vehicle Code.

In this appeal, Appellant initially asserts that the trial court erred in not dismissing the charge for which she was convicted. Appellant maintains that she was entitled to this relief because the arresting officer failed to file an affidavit of probable cause as required under Pa.R.Crim.P., Rule 134. This rule provides:

(a) In any proceeding initiated by complaint, the issuing authority shall ascertain and certify on the complaint that:

(1) The complaint has been properly completed and executed;

[ 366 Pa. Super. Page 527]

(2) There is probable cause for the issuance of process, in the form of an affidavit; and

(3) When prior submission to an attorney for the Commonwealth is required, that an attorney ...


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