Commonwealth v. Marshall

OPINION BY

STEVENS, J.:

¶ 1 Brandon Marshall, Appellant, appeals from the judgment of sentence entered after a jury convicted him of two counts of driving under the influence of alcohol (DUI).1 Appellant challenges trial court rulings that permitted the admission of preliminary breath test evidence, and that sequestered Appellant’s scientific expert. We find that the Commonwealth’s repeated and extensive use of inadmissible preliminary breath test evidence prejudiced Appellant, thus entitling him to a new trial.

¶2 This case arises from a late night vehicular stop after Appellant temporarily…