Commonwealth v. Stanley

BECK, Judge.

In this appeal from the judgment of sentence for conviction of driving under the influence of alcohol, we consider for the first time whether a jury’s knowledge that an appellant was given a preliminary breath test constitutes error warranting the grant of a new trial. We hold that while such information is inadmissible and may provide cause for a new trial, the error here was harmless and the judgment of sentence is affirmed.

Appellant was convicted by a jury of driving while under the influence of alcohol to a degree which rendered her incapable of safe driving. 75 Pa.C.S.A. §…