Commonwealth Must Establish that PBT Device Callibrated for Use in Underage Trial
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75 Pa.C.S. § 1547(c) contains explicit language requiring that, in order to provide “admissible” evidence “breath test devices “shall have been calibrated and tested for accuracy within a period of time and in a manner
specified by regulations of the Departments of Health and Transportation.”
Since the test results were the critical evidence of guilt, the admission of that evidence (uncallibrated PBT) constituted prejudicial error, and appellant is entitled to a new trial.
see: Commonwealth v. Brigidi
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