COMMONWEALTH v. KNAUB


226 Pa.Super. 526 (1974)

Commonwealth v. Knaub, Appellant.

Superior Court of Pennsylvania.

April 3, 1974.


Attorney(s) appearing for the Case

Allen H. Smith, for appellant.

D. Reed Anderson, First Assistant District Attorney, and Donald L. Reihart, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., April 3, 1974:

Appellant was convicted by a jury on the charge of operating a motor vehicle while under the influence of an intoxicating liquor. Appellant's contentions center on the lower court's refusal to suppress a breathalyzer test.

First, appellant argues that the statute establishing the breathalyzer test is unconstitutional. This argument can be broken down to two essential parts: (1) that it is a denial of due process to allow...

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