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

Admissibility of blood alcohol content evidence.

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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