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Commonwealth v. Bryan

Dismissal of DUI charge affirmed; where police circumvented authority of District Attorney by delaying the filing of DUI charges for six months while they explored with defendant the possibility of his cooperation as an undercover agent, court properly dismissed charges to discourage police from acting in this manner in the future.

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OPINION

� 1 The Commonwealth appeals from the September 21, 2000 Order dismissing with prejudice the charge of driving while under the influence of alcohol *fn1 (DUI) as levied against the appellee, William L. Bryan. The charge was dismissed because the arresting authority, in an effort to involve appellee with undercover work, did not file its complaint in timely fashion, “without unnecessary delay.” See Pa.R.Crim.P. 518 (former Rule 102), Procedure in Court Cases Initiated by Arrest Without Warrant. In the interest of justice, we affirm.

� 2 The record indicates that on October 1, 1999, appellee was arrested on suspicion of driving while intoxicated. He failed field sobriety tests and refused the hospital-administered blood alcohol test, suggesting to the arresting officer, Avis Borough Police Chief Paul Polen, that they “make a deal.” Appellee offered that in exchange for the Chief not charging him with DUI, his third, *fn2 appellee would make controlled drug purchases at his place of employment and/or introduce undercover people into his workplace. As the Chief transported appellee from the hospital to his home, he contemplated the appellee’s offer, and told appellee “to sleep on it” and call him at the police station the following Monday if he still wanted to make a deal resulting in favorable DUI treatment.

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