Commonwealth v. Carnell

A jury convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor. On appeal, he argues that the failure to cure testimony incorrectly asserting that he refused to take a blood test following his arrest constituted reversible error. We agree and reverse the conviction.

Facts. The jury could have found the following facts. In the early morning hours of January 31, 1998, the defendant, ac*357companied by two passengers, drove through a flashing red light, nearly striking a cruiser driven by State police Trooper James Hanlon. Hanlon signaled the defendant to…