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DEPT. TRAFFIC SAFETY, APLNT. v. GUARINO

No. 1434 C.D. 1974.

19 Pa.Commw. 104 (1975)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Randy Guarino, Appellee.

Commonwealth Court of Pennsylvania.

May 16, 1975.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

No appearance for appellee.

Argued March 7, 1975, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, May 16, 1975:

On January 18, 1974, in the Borough of Indiana, Randy Guarino (Guarino) was stopped by a borough policeman after making a sharp U-turn immediately in front of the policeman's vehicle. Upon approaching Guarino's vehicle, the policeman detected the odor of alcoholic beverages on Guarino's breath. Guarino was asked to get out of his car and thereafter he "weaved back and...

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