It has long been the law that Prearrest or Preliminary Breath Testing (PBT) results are not admissible in criminal trials.  The exceptions involved their usage to develop probable cause to perform admissible testing like a certified breathalyzer in a police station or to draw and test a driver’s blood.  The Pennsylvania Superior Court, however, recently modified that law in Commonwealth v. Brigidi.  The Court clarified that while PBT results are admissible in underage drinking cases if properly obtained, they are not admissible if they are not referenced in the list of approved PBTdevices published in the Pennsylvania Bulletin, calibrated, and tested for accuracy in the manner specified by regulations of the Departments of Health and Transportation.  Since, in our experience, very few PBT devices utilized in Mongomery County, Bucks County, and surrounding areas meet these requirements, this is a crucial ruling that should be examined by an experienced criminal defense practitioner in any DUI or Underage Drinking case.

As found at http://www.pabar.org/public/news%20releases/pr081809.asp

HARRISBURG (Aug. 18, 2009) – A panel of minority legal and marketing professionals will discuss their experiences with business development, marketing, branding and related issues at an upcoming program, “Opportunity in a Down Economy: Diverse Attorneys on Business and Marketing Development in Bucks and Montgomery Counties.”

The free program, which will be followed by a reception, takes place on Thursday, Sept. 17, from 4 p.m. to 6 p.m., at the Bucks County Bar Association, 135 East State Street, Doylestown.

Panelists will include Judge Clyde W. Waite, Court of Common Pleas of Bucks County; Richard Swartz, civil rights lawyer and partner, Karpf, Karpf, Virant & Swartz; Rhonda Sherrod, lawyer, Legal Aid of Southeastern Pennsylvania; Ellen Fischer, family law practitioner, Willow Grove; and Liz Lippy, lawyer, Fairlie & Lippy, P.C., and a law firm marketing specialist. Chris Serpico, president, Bucks County Bar Association, will provide opening remarks, Nego Pile, co-chair of the Business Development Subcommittee of the Pennsylvania Bar Association Minority Bar Committee, will serve as moderator, and Diane Marseglia, Bucks County Commissioner, will provide closing remarks.

The program is a project of the Pennsylvania Bar Association Minority Bar Committee, the Bucks County Bar Association and the Montgomery Bar Association.

“This business development and marketing program will offer the information and skills needed by all lawyers striving for success during the economic downturn,” said Ersula Cosby, principal, Cosby & Associates L.L.C., Langhorne, and member of the executive council of the Pennsylvania Bar Association Minority Bar Committee. “We hope that lawyers will walk away from this program with new ideas and renewed energy.”

For more information about the Sept. 17 program and to register in advance, contact Deanna Mindler by sending an e-mail to deannam@bucksbar.org.

Founded in 1895, the Pennsylvania Bar Association strives to promote justice, professional excellence and respect for the law; improve public understanding of the legal system; facilitate access to legal services; and serve the 29,000 lawyers who are members of the association.

The Bucks County Bar Association is one of the oldest and most active Bar Associations in the United States. Located in Doylestown, Pennsylvania, the Bucks County Bar Association is dedicated to providing its members, potential members and all persons and organizations connected with the law, support and fellowship for the advancement of the legal profession.

The Montgomery Bar Association, a non-profit organization of nearly 2,000 Montgomery County attorneys, offers its members numerous opportunities for professional development and helps deliver the services of member attorneys to the community.