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Commonwealth v. Minnich5/9/2005
asonable suspicion that the vehicle was speeding, and that he decided to follow it to determine whether, in fact, it was speeding.
Id. at 290, 648 A.2d at 311.
15 In the case sub judice, under Gleason, Appellant's single act of "hugging the east part of the shoulder" of the road did not provide a sufficient basis for Officer Krzywulak to stop him. The question remains, then, whether the act of speeding, at the approach to an intersection, when the speed is estimated by the observing officer, with no other traffic in the area, when the officer observes "a lot of dust and cinders" blowing up from the icy roadway as the vehicle comes around a sharp curve as it crests a hill, establishes a violation of the driving-vehicle-at-safe-speed statute, Section 3361. We have carefully reviewed the record and conclude that the suppression court's factual findings of the surrounding circumstances are sufficient for the trier of fact to have concluded beyond a reasonable doubt that Appellant was operating his vehicle at an unsafe speed. (See N.T. at 3-7). Accordingly, we conclude that the stop of Appellant's vehicle was lawful, and the trial court properly denied Appellant's motion to suppress. As this was the only evidence against Appellant, based on a stipulation of the parties that the trial court could rely on the officer's testimony to determine Appellant's guilt or innocence, we affirm Appellant's judgment of sentence.
16 Judgment of sentence affirmed.
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