Commonwealth v. Mabrey

JOHNSON, Judge:

The Commonwealth appeals from an order which suppressed the breath test results obtained from an intoxilyzer in the course of a prosecution for driving under the influ ence (DUI). It asks us to find error in the suppression hearing court’s conclusion that the deviations found in the prior results of the machine in question arose from mechanical malfunction, rather than as a result of poor breath samples. The Commonwealth contends that the evidence should have been found competent and that the deviations are then relevant only to the weight to be given to the test results by the…