Commonwealth v. Duncan

OPINION OF THE COURT BY

JUSTICE CUNNINGHAM

During the afternoon of March 31, 2007, Appellee, Christopher Duncan was stopped by Sergeant. Brent McDowell of the Providence Police Department for operating his motor vehicle without the use of a seatbelt and for crossing the center lane of traffic. Appellee smelled strongly of alcohol, had bloodshot eyes, and admitted to drinking three beers prior to driving. Sergeant McDowell conducted a series of field sobriety tests, all of which Appellee failed. Sergeant McDowell also administered a Portable Breathalyzer Test (“PBT”) which detected the presence…