Commonwealth v. Mabrey

RUFE, J.,

This opinion is written pursuant to an appeal by the Commonwealth to the Superior Court as a result of the finding at a suppression hearing on August 21, 1990. At the hearing in question, this court found that certain breathalyzer test results were inadmissible based on the Commonwealth’s failure to recalibrate the breathalyzer or remove it from service as required by 67 Pa. Code §77.24.

The Pennsylvania Code, 67 Pa. Code §77.24, provides, in pertinent part, as follows:

“(b) Procedures. Alcohol breath tests shall be conducted by a certified breath test operator. Accuracy inspection…