HEIMBACH, P. J., January 12, 1971.
We have before us defendant's petition to vacate the order of the Secretary of the Department of Revenue suspending his operator's privilege for failure to take a breathalizer test. He says that he was not under arrest at the time he refused to take such test, as is required by The Vehicle Code of April 29, 1959, P. L. 58, sec. 624.1, as amended, 75 PS § 624.1.
The testimony is this:
The prosecutor, a police...
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