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COMMONWEALTH v. PREGRAD

Appeal, No. 1030 C.D. 1972.

8 Pa.Commw. 500 (1973)

Commonwealth v. Pregrad.

Commonwealth Court of Pennsylvania.

April 30, 1973.

Attorney(s) appearing for the Case

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

Charles E. Marker, with him Marker and McBride, for appellee.

Submitted on briefs, April 10, 1973, to Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, April 30, 1973:

On February 27, 1970, Pennsylvania State Police Trooper Howard L. McMurtrie arrested David A. Pregrad (appellee) for operating a motor vehicle while under the influence of intoxicating liquor, a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended (Code), 75 P.S. § 1037. After being placed under arrest, appellee was requested on three separate occasions, during the period of one hour...

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