Underage Citation Dismissal Resulting From Uncalibrated PBT Device

Fighting For Important Causes In State And Federal Courts

The Pennsylvania Superior Court dismissed a Montgomery County Underage Drinking citation where the Commonwealth relied on PBT results as the primary evidence of a sixteen year old’s guilt and introduced no evidence that the device had been calibrated as required by Pennsylvania law. 
In Commonwealth v. Brigidi, the Superior Court held that the “explicit language of the enabling statute” requires the Commonwealth to demonstrate that the breath testing device be “calibrated and tested for accuracy within a period of time and in a manner specified by regulations of the Departments of Health and Transportation” in order to be admissible.  In this case, the Superior Court found that the Commonwealth’s failure to introduce calibration evidence was likely fatal, and remanded the case back to the trial court with direction to dismiss the case.