(a) General rule.--In an action or proceeding under this title or as provided in subsection (b) in which a material element of the offense is that a substance is liquor or a malt or brewed beverage, all of the following 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 defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that the substance is not liquor or a malt or brewed beverage.
(c) Applicability.--The provisions of subsection (a) shall apply to proceedings under Titles 18 (relating to crimes and offenses) and 42 (relating to judiciary and judicial procedure) and under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)
1992 Amendment. Act 174 added section 6312.
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 insurance products 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 access to legal services through a network of provider 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 provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider 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 insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
