Baldinger v. Commonwealth

Opinion by

Judge Palladino,

Introduction

This matter comes before the Court following four days of trial on the merits. The issue presented is whether the Commonwealth of Pennsylvania shall be permanently enjoined from using the Smith and Wesson Breathalyzer 1000 for evidentiary purposes in any criminal or civil proceeding and from listing it as an approved evidential breath tester. This Petition for Review was filed in 1983; since that time, numerous changes have been made in the regulatory structure. Petitioner, Kenneth D. Baldinger, asserts in his complaint that the Breathalyzer 1000 is…