DUI – General Impairment • DUI – Controlled Substance • Lay Opinion Testimony • Expert Testimony
Commonwealth v. Gause, PICS Case No. 17-0881 (Pa. Super. May 24, 2017) Lazarus, J. (18 pages).
Trial court erred in allowing police officer to testify to conclusion that driver was impaired by marijuana because he had eyelid tremors because acts and circumstances of the case clearly fell into the category that required expert testimony to show marijuana use and the commonwealth provided no evidence that driver had recently ingested marijuana. Judgment vacated.
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