Commonwealth v. Giehll

COFFROTH, P.J.,

This case is here on defendant’s motion for new trial and arrest of judgment filed following his jury trial of driving under the influence in violation of Vehicle Code §3731(a)(l) of which he was found guilty.1

*284The motions raise the following issues:

1. The trial judge (Coffroth, P.J.) erred in allowing testimony of defendant’s refusal to submit to a breathalyzer test because the evidence was “irrelevant and prejudicial” and defendant “had not been fully advised of all consequences of such refusal pri- or to making his decision.” The trial judge further erred in instructing the…