Superior Court allows breath testing evidence at trial

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The Superior Court today reversed a decision of the Dauphin County Court of Common Pleas that had excluded results of breath tests that revealed a Blood Alcohol Content of .16% or higher in DUI defendants. The Superior Court found that the Commonwealth had met its burden of proof at this stage of the process and could proceed to trial with evidence garnered from the breath testing device. District Attorney Ed Marsico hailed the decision, "the Superior Court properly found that breath tests should be admissible at trial. This ruling will allow police officers across the Commonwealth to continue to fight DUIs with breath testing devices." http://www.pacourts.us/assets/opinions/Superior/out/J-A22016-13m%20-%201015418331715576.pdf?cb=1

Date: 
Thursday, September 5, 2013

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