Commonwealth v. Gearhart

CERCONE, Judge:

This is an appeal from a conviction for driving while under the influence of alcohol. 1 The narrow issue before this court is whether the trial judge erred by instructing the jury that a presumption of intoxication is raised if the Commonwealth proves beyond a reasonable doubt that the defendant’s blood alcohol level was 0.11, and that upon such proof the defendant’s guilt will have been established beyond a reasonable doubt. We find that the trial court erred by overstating the weight to be given the results of the breathalyzer test introduced into evidence. Therefore, we…