DUI • Impeachment by Prior Inconsistent Statement • Lay Opinion on Intoxication • Enhanced Penalty for Refusal of Breathalyzer/Blood Test
Commonwealth v. Monarch, PICS Case No. 17-0950 (Pa. Super. June 6, 2017) Panella, J. (11 pages).
Prior inconsistent recorded statement about defendant’s intoxication was properly admitted, under the trial court’s discretion, to impeach a witness, where the jury as factfinder could determine whether the recorded statement was inconsistent with the witness’ trial testimony and weigh the witness’ testimony and credibility accordingly. Judgment of sentence affirmed.
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