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Admissibility of blood alcohol content evidence.

April 1, 2017
Rohe v. Vinson, 2016 PA Super 305 (Dec. 28, 2016)

Evidence of the blood alcohol content test results of an individual involved in a motor vehicle accident is not admissible at trial absent evidence of additional conduct of the individual suggesting intoxication.  The lack of any corroborating objective indicia of drunkenness does not establish a degree of intoxication such that the individual is unfit to drive. Therefore, the mere fact of drinking alcohol is unfairly prejudicial.

 

Case Law Alerts, 2nd Quarter, April 2017

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