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MORAN v. COMMONWEALTH

No. 682 C.D. 1978.

44 Pa.Commw. 105 (1979)

Joseph P. Moran, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

July 9, 1979.

Attorney(s) appearing for the Case

George C. Brady, III, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Francis P. Bach, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued June 7, 1979, before Judges WILKINSON, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 9, 1979:

Petitioner was arrested by the Pennsylvania State Police for driving a vehicle while under the influence of alcohol in violation of Section 3731 of The Vehicle Code (Code), 75 C.S. § 3731, 75 P.S. § 3731. He was asked to submit to a breathalyzer test. He refused. The arresting officer transported him to the police station where he was again asked to take a breathalyzer test and again refused. At this point we...

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