COMMONWEALTH v. MILES

Appeal, No. 118 C.D. 1972.

8 Pa.Commw. 544 (1973)

Commonwealth v. Miles.

Commonwealth Court of Pennsylvania.

May 11, 1973.


Attorney(s) appearing for the Case

John M. Yarema, with him Martin H. Philip, for appellant.

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

Argued April 6, 1973, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.


OPINION BY JUDGE MENCER, May 11, 1973:

On July 25, 1971, on Route 329 in East Allen Township, Northampton County, John S. Miles (Miles) was apprehended by a Pennsylvania State Policeman 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, 75 P.S. § 1037, and, after being so charged, refused to submit to a breathalyzer test as provided in the...

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