Commonwealth v. Pammer

The Superior Court dismissed a DUI prosecution because the Commonwealth failed to comply with the compulsory joinder rule found in 18 Pa.C.S. § 110. The defendant had been charged with traffic offenses stemming from the same incident as the DWI charge and pled to summonses for those traffic offenses before a magisterial district judge. After later waiving his preliminary hearing on the DWI charge, he moved to dismiss based on violation of the joinder rule and relied on Commonwealth v. Perfetto, 207 A.3d 812 (Pa. 2019). The Commonwealth responded by relying on the exception to the joinder rule found in Section 112 and discussed in Commonwealth v. Johnson, 221 A.3d 217 (Pa. Super. 2019). The Superior Court found that the Commonwealth did not develop the record sufficiently to establish that the Section 112-Johnson exception applied and held that the DWI charge must be dismissed. 

Commonwealth-v.-Palmer