Commonwealth v. Metzer

KELLY, Judge.

In this appeal we are called upon to determine whether the trial court erred in its sua sponte reconsideration of its decision to grant appellant’s motion in limine to exclude the results of a breathalyzer test after appellant’s counsel made his opening statement to the jury in reliance upon the initial ruling. We reverse judgment of sentence and remand for a new trial.

I. FACTS AND PROCEDURAL HISTORY

On October 6, 1991, at approximately 3:35 a.m., appellant struck the rear of an automobile stopped for a red light at the intersection of Oxford Valley Road and Trenton Road in Falls…