Fierst v. Commonwealth

In Fierst v. Commonwealth, 115 Pa. Commw. 263, 539 A.2d 1389 (Pa. Cmwlth. 1988), a witness advised police that the licensee had been involved in an accident. Police, however, did not arrive at the suspected drunk driver's home until about an hour after the accident, at which time they witnessed him drinking and in an apparent state of intoxication. The Court found that, under those circumstances, the police officer did not have reasonable grounds to believe that the licensee was driving while under the influence of alcohol. Fierst, 539 A.2d at 1390.