The opinion
ROWLEY, President Judge,
dissenting:
I respectfully dissent.
I am not convinced that the record before us discloses a failure on the part of the Commonwealth to act with due diligence. According to the Commonwealth, the “main investigator” was on vacation until the second week of November. Following his return to work he “investigated the accident” and then the charge at issue here was filed. I agree with the trial court that, on the basis of this record, “the Commonwealth acted diligently and in a manner which did not offend the rationale of the double jeopardy prohibition.”
For this reason I would affirm the order of the trial court and remand the case for trial.