COM. v. ALLEN


454 Pa.Super. 73 (1996)

684 A.2d 633

COMMONWEALTH of Pennsylvania v. Andrew Charles ALLEN, Appellant.

Superior Court of Pennsylvania.

Filed October 28, 1996.


Attorney(s) appearing for the Case

David P. Truax, Meadville, for appellant.

Paula C. Cosenza, Assistant District Attorney, Meadville, for Commonwealth, appellee.

Before BECK, KELLY and BROSKY, JJ.


BECK, Judge:

In this appeal we decide whether the results of a preliminary breath test ("PBT") are admissible to support a charge of underage drinking, 18 Pa.C.S.A. § 6308. After careful consideration, we hold that the results are admissible and create a rebuttable presumption that the defendant has engaged in the prohibited activity.

In the early morning hours of June 5, 1996, a Pennsylvania State...

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