COM. v. DIULUS


391 Pa.Super. 379 (1990)

571 A.2d 418

COMMONWEALTH of Pennsylvania, Appellant, v. Frank Anthony DIULUS.

Supreme Court of Pennsylvania.

Filed February 28, 1990.


Attorney(s) appearing for the Case

Robert F. Hawk, Asst. Dist. Atty., Butler, for Com., appellant.

Alexander H. Lindsay, Jr., Butler, for appellee.

Before CAVANAUGH, TAMILIA and HESTER, JJ.


TAMILIA, Judge:

The Commonwealth brings this appeal from the court's June 6, 1989 Order granting appellee's omnibus pre-trial motion to suppress an intoxilyzer blood alcohol reading. Appellee was arrested for DUI, and he consented to the administration of an intoxilyzer test at the state police barracks; whereupon the test resulted in a reading of 0.188%. Appellee refused a second, contemporaneous test, and he was cited for refusing and his license was automatically...

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