(a) General rule.--In an action or proceeding under this title in which a material element of the offense or action is that a substance is liquor or a malt or brewed beverage, all the following shall apply:
(1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.
(2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage.
(b) Evidence presented by a defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that a substance is not liquor or a malt or brewed beverage.
(c) Applicability.--The provisions of this section shall apply to proceedings brought by officers authorized to enforce this title under this title, Titles 18 (relating to crimes and offenses), 42 (relating to judiciary and judicial procedure) and 75 (relating to vehicles) and the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(Oct. 31, 1997, P.L.485, No.49, eff. 60 days)
1997 Amendment. Act 49 added section 5124.1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.