Commonwealth v. Stoops

OLSZEWSKI, J.:

The Commonwealth appeals from an order suppressing breath test results by the Court of Common Pleas of Erie County. We affirm.

In the early morning hours of July 13, 1997, appellee was pulled over at a sobriety checkpoint. After failing several field sobriety tests, appellee was arrested and taken to the Kearsarge Fire Department to undergo testing of his blood alcohol content by breathalyzer. Officer Ott performed the breathalyzer testing. According to the breath test printout slips, the first test performed on appellee indicated that no “air blank” test1 was performed and the…