Commonwealth v. Neiswonger

OLSZEWSKI, Judge:

In this case, appellant contests the admission into evidence of the opinion testimony of a police officer. The officer testified at a jury trial that, in his opinion, appellant was under the influence of alcohol “to a degree that rendered him incapable of safe driving.” Appellant was convicted; the trial court denied appellant’s motion for reconsideration of sentence, which was based on the theory that the testimony was inadmissible. We agree with the trial court that the testimony was admissible, and affirm the judgment of sentence.

Appellant was stopped by a police officer…