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Commonwealth v. Sands11/2/2005
1 Kenneth Sands (Appellant) appeals from the judgment of sentence entered following his convictions for driving under the influence of alcohol and for violating the vehicle code provision requiring that a vehicle be driven in a single lane. See 75 Pa.C.S. §§ 3802(a)(1)(c), 3309(1). Appellant raises several allegations of error, all of which we find to be without merit.
Accordingly, we affirm.
2 The trial court made the following findings of fact:
1. At approximately 12:15 a.m. on August 25, 2004, arresting Westtown East Goshen police officer, Peter Keegan ("Officer Keegan"), was driving his marked police vehicle, while on duty and in full uniform, east in the right lane of Route 3, a/k/a West Chester Pike, within East Goshen Township, Chester County, Pennsylvania. At that time, Officer Keegan had been a police officer for approximately four and one-half years and had made between forty and fifty driving under the influence arrests.
2. Route 3 within East Goshen Township, Chester County, Pennsylvania, is a four-lane divided highway. Two lanes are provided for eastbound traffic and two lanes are provided for westbound vehicles. The right-hand eastbound lane in which Officer Keegan was proceeding is approximately ten to eleven feet wide with a clearly visible solid white fog line marking the lane's right (south) side boundary. The left and right eastbound lanes of Route 3 in this vicinity were separated by a clearly visible dotted white line. To the right of the aforementioned fog line is an approximately six foot wide paved shoulder berm (berm").
3. As Officer Keegan approached the 1300 block of Route 3, he observed the Defendant's car approximately fifty feet in front of him proceeding within the speed limit, eastbound in the right lane. There were no cars between Officer Keegan's vehicle and the Defendant's car. Officer Keegan's attention was drawn to the Defendant's vehicle due to its unsteady, weaving progress.
4. Although Route 3 is a relatively straight highway in the vicinity where Officer Keegan first observed the Defendant's vehicle, the Defendant's car appeared unable to stay in its lane. As Officer Keegan made his first observations, the Defendant's car slowly drifted to the fog line and across it approximately three feet until it slowly drifted back into the right lane.
5. While Officer Keegan continued to follow the Defendant's vehicle, he observed the car, for a second time, slowly drift to the fog line and across it, intruding approximately three to four feet onto the berm before slowly drifting back across the fog line and into the right lane.
6. As Officer Keegan continued to follow the Defendant's vehicle toward the intersection of Route 3 and Westtown Way, an intersection located approximately one-quarter mile from the area where Officer Keegan first observed the Defendant's vehicle, for a third time, the Defendant's vehicle slowly drifted out of the right eastbound lane and across the fog line, again extending approximately three feet into the berm before slowly drifting back into the right lane. Route 3 in this vicinity gently curves left and downhill toward Westtown Way.
7. Between the 1300 block of Route 3 and the Westtown Way-Route 3 intersection, on August 25, 2004, Route 3 was well lit with street lights and there were no obstructions or debris on the Route 3 eastbound lanes or berm to explain the weaving motion of Defendant's vehicle. Adjacent to the eastbound berm on its right edge, in the vicinity where Officer Keegan observed the Defendant's vehicle, is occasional curbing. To the right of the eastbound berm and off the cart way in this vicinity are some s
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