BAYLEY, J., April 11, 1989.
Following a stop at 12:20 a.m. on October 27, 1988, Officer Jeffrey Franks of the Borough of Wormleysburg arrested petitioner, Richard Howard Frey, for driving under the influence. He transported petitioner to a booking center and advised him of his rights under the Implied Consent Law. Mr. Frey agreed to take an intoxilyzer test and gave two adequate breath samples for that purpose. However, the Intoxilyzer 5000 malfunctioned before...
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