COMMONWEALTH v. FRANCIS

Appeal, No. 741 C.D. 1972.

8 Pa.Commw. 479 (1973)

Commonwealth v. Francis.

Commonwealth Court of Pennsylvania.

April 27, 1973.


Attorney(s) appearing for the Case

Robert S. Glass, with him Glass, Glass and Moot, for appellant.

Anthony J. Maiorana, Assistant Attorney General, with him Stuart A. Liner, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued April 9, 1973, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, April 27, 1973:

Very briefly stated, the facts here presented are that appellant was involved in an automobile accident. To use the words of appellant's counsel in the history of the case: "He failed, neglected or refused to submit to a Breatholyzer or blood chemistry test. He was charged with driving while intoxicated, went to trial on that and was acquitted. . . ."

The Secretary of Transportation suspended his operator's license...

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