Commonwealth v. Allen

BECK, Judge:

In this appeal we decide whether the results of a preliminary breath test (“PBT”) are admissible to support a charge of underage drinking, 18 Pa.C.S.A. § 6308. After careful consideration, we hold that the results are admissible and create a rebuttable presumption that the defendant has engaged in the prohibited activity.

In the early morning hours of June 5, 1996, a Pennsylvania State Police Trooper, en route to an unrelated domestic violence call, attempted to pass a truck on the roadway. Despite the police car’s flashing lights and siren, the truck failed to yield to the…