Hoppenjans v. Commonwealth

OPINION

WINE, Judge.

Following a jury trial in the Carroll District Court, Thomas R. Hoppenjans (“Hoppenjans”) was convicted of one count of operating a motor vehicle under the influence of alcohol, first offense (“DUI”). He appealed to the circuit court, arguing that he was entitled to a mistrial after the arresting officer testified that Hoppenjans had refused to take a preliminary breath test (“PBT”). The circuit court affirmed, finding that the trial court’s admonishment to the jury was sufficient to cure the error. This Court granted discretionary review of the circuit court’s order.…