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COMMONWEALTH v. RUTAN

229 Pa.Super. 400 (1974)

Commonwealth v. Rutan, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

Robert F. Kelly, for appellant.

Vram Nedurian, Jr., and Ralph B. D'Iorio, Assistant District Attorneys, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)

OPINION BY SPAETH, J., June 21, 1974:

This appeal presents one question: Must a person lawfully requested to take a breathalyzer test be told that he can refuse to take the test and that the results of the test or evidence of his refusal can be used against him at trial? The answer is no.

Under the terms of the "implied consent law", The Vehicle Code, Act of April 29, 1959, P.L. 58, § 624.1, added by Act of July 28, 1961, P.L. 918, § 1, as amended...

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