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COMMONWEALTH PENNSYLVANIA v. DANIEL STOVER (03/11/88)

filed: March 11, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
DANIEL STOVER, APPELLANT



Appeal from the Judgment of Sentence of November 24, 1986 in the Court of Common Pleas of Lehigh County, Criminal, No. 242-S/1983.

COUNSEL

Richard J. Orloski, Allentown, for appellant.

William H. Platt, District Attorney, Allentown, for Com. appellee.

McEwen, Montemuro and Kelly, JJ.

Author: Mcewen

[ 372 Pa. Super. Page 36]

This appeal has been taken from the judgment of sentence to pay a fine of $300 plus costs, imposed by the distinguished Judge James N. Diefenderfer, after appellant was found to have violated Section 3743 of the Vehicle Code, 75 Pa.C.S. § 3743.*fn1

The trial judge in his able opinion has accurately summarized the facts relevant to the disposition of this appeal:

On November 10, 1982, at approximately 10:00 A.M., defendant's motor vehicle collided with the rear of a tractor-trailer truck which was stopped at a red light on Seventh Street at Route 22. The collision occurred at a time when Seventh Street was under construction. Due to the construction, traffic was bumper to bumper and moving very slowly.

[ 372 Pa. Super. Page 37]

An electrical worker, Barry Dannenhower, employed by Bell of Pennsylvania, was stationed along Seventh Street where the truck had stopped. Dannenhower heard the crash and immediately notified the truck driver, Douglas R. McCoy, that his vehicle had been struck. McCoy exited his cab to survey the situation. McCoy found that the defendant's motor vehicle, a green Pontiac, was damaged in the area of the hood and the windshield. The rear of the truck had been struck. McCoy asked the defendant some questions. However, the defendant refused to provide McCoy with his name, address, driver's license and registration. He told McCoy only the year of his vehicle. McCoy recorded the motor vehicle license. Defendant told McCoy that he could not stay around because of his condition; McCoy testified that the defendant appeared to be intoxicated. Defendant then offered McCoy money so that he would not involve the police. Shortly thereafter, McCoy, upon seeing a police cruiser in the area, flagged the cruiser over. In response, the defendant got into his vehicle and headed east on Route 22.

McCoy gave the patrolman, Alfred C. Rhoads, Jr., the information for the police report. The patrolman issued a citation to the defendant later that day, using the license number to find the defendant's identity and address. Defendant was cited for failing to give information when involved in an accident with an attended vehicle.

Appellant pleaded guilty on December 1, 1982, to a violation of 75 Pa.C.S. § 3743. Six months later, on June 6, 1983, appellant filed a petition for leave to appeal nunc pro tunc which was granted by the court a further six months later on December 22, 1983. A trial de novo was held on May 14, 1984 -- some seventeen months after the date of the asserted motor vehicle offense -- and appellant was found guilty. While post-verdict motions were filed in timely fashion, argument was not held thereon until ...


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