decided: June 16, 1989.
COMMONWEALTH OF PENNSYLVANIA, PETITIONER,
WILLIAM CLAIR PETH
Petition No. 330 W.D. ALLOCATUR DKT. 1988 for Allowance of Appeal from the Order of Superior Court entered May 18, 1988, at No. 1309 Pittsburgh, 1987, affirming the Order of the Court of Common Pleas of Mercer County, Criminal Division, dated September 9, 1987, at No. 316 Criminal, 1987. Prior Report:
Author: Per Curiam
[ 522 Pa. Page 137]
And now this 16th day of June, 1989, the Application for Reconsideration is granted. The Petition for Allowance of Appeal is granted. The Order of the Court of Common Pleas of Mercer County dated September 9, 1987, at No. 316 Criminal 1987, is hereby reversed as to that portion of the order which suppressed defendant's response to the question of whether he had been drinking made at the scene of the crime and his responses to the A-B-C field sobriety test at the scene of the crime and further as to his response to the inquiries on the D U I Alcohol Influence Form. Case is remanded to the Court of Common Pleas for further proceedings.
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