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Rebarchak v. State5/16/2003
dministration or result of the portable breath test given to the defendant. The trial judge granted the motion. Nevertheless, the prosecutor asked the officer if he conducted any field sobriety tests and the officer referred to the PBT in his response. The defense objected and requested a mistrial. The trial judge immediately instructed the jury to disregard any reference to the PBT. The defense renewed the request for a mistrial following a guilty verdict. The trial judge denied the request.
5. Under the four-part analysis of Taylor v. State, there is no manifest injustice resulting from this testimony. The officer did not state the result of the PBT and the trial judge immediately cautioned the jury to disregard the statement. Furthermore, any arguable error is harmless because there was sufficient evidence other than the incautiously solicited evidence of the PBT to establish the defendant's guilt.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
Myron T. Steele Justice
Page 1 2 Delaware DUI Attorneys
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