Pennsylvania defense lawyers said the Pennsylvania Supreme Court’s refusal to take up an appeal of the Superior Court’s ruling that the accuracy of alcohol breath tests in highest-rate DUI cases must be determined at trial has taken much of the steam out of what once looked like it could be a game-changer for DUI law.
Edward F. Spreha Jr., a DUI attorney with Wagner & Spreha in Harrisburg, Pa., who was not involved in the case, said Commonwealth v. Schildt, which at one time had the potential to impact thousands of pending DUI cases across Pennsylvania, is now merely “a footnote.”
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