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COMMONWEALTH PENNSYLVANIA v. MARY DRATMAN (09/30/88)

filed: September 30, 1988.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
MARY DRATMAN, APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Criminal Division at No. 86-916.

COUNSEL

Louis Lipschitz, Philadelphia, for appellant.

Jeffrey Hellman, Assistant District Attorney, Philadelphia, for Com.

Montemuro, Beck and Popovich, JJ.

Author: Popovich

[ 378 Pa. Super. Page 242]

This is an appeal from the judgment of sentence (a fine of $338.00) for leaving the scene of an accident (75 Pa.C.S. ยง 3743(a)) by the appellant, Mary Dratman. We affirm.

The facts, viewed in a light most favorable to the verdictwinner (the Commonwealth here) and drawing all reasonable inferences therefrom, reveal that at approximately 6:00 p.m. on the 3rd day of June, 1986, Madelene Hanewinkel was driving in the passing lane on West River Drive, with the intention of making a right-hand turn onto and across the Falls Bridge in the City and County of Philadelphia.

Because traffic was stopped along the bridge, Ms. Hanewinkel had stopped her vehicle half-way into her right-hand turn. The appellant, in a Cadillac Eldorado, was traveling in the same direction as Ms. Hanewinkel. She was driving in the curb lane and, like Ms. Hanewinkel, was making a right-hand turn onto the Falls Bridge.

As the appellant was making her turn onto the bridge, as told by Ms. Hanewinkel, the front, left fender of the appellant's vehicle struck her passenger door and also her right fender. In between the two collisions, Ms. Hanewinkel saw the appellant operating the Eldorado, but was unable to get her to pull off the roadway. However, when the traffic light changed to red, the appellant was forced to stop. When this happened, Ms. Hanewinkel exited her vehicle, beeped her horn, stood on her driver's door sill and called for the appellant to stop. Nonetheless, when the light changed to green, at the end of Falls Bridge, the appellant drove-off in a direction unknown to Ms. Hanewinkel. She was unable to catch-up with the appellant.

Fortunately, a woman (Ms. Robin McClea), driving directly in front of Ms. Hanewinkel, saw what occurred in her rear view mirror. As told by Ms. McClea:

[ 378 Pa. Super. Page 243]

[a medium loud] noise and I also saw [Ms. Hanewinkel's] car jerk because it had been hit. * * * Then the right lane cleared some, and the [appellant] continued her turn. As she continued her turn, she again struck the right front fender of [Ms. Hanewinkel] behind me. * * * * The car jerked, and there was a loud noise.

Further, Ms. McClea corroborated Ms. Hanewinkel's accounting of stopping her vehicle, getting out and screaming and waving to get the ...


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