DEPT. TRANS. v. BARRETT.

No. 1298 C.D. 1974.

22 Pa.Commw. 559 (1976)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Robert O. Barrett, Appellee.

Commonwealth Court of Pennsylvania.

January 8, 1976.


Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

No appearance for appellee.

Argued December 5, 1975, before Judges KRAMER, WILKINSON, JR., and ROGERS, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, January 8, 1976:

Appellee was operating a motor vehicle in such a manner that it swerved from side to side, putting two wheels off onto the berm and then back on the highway, followed by putting two wheels to the left of the center lane. The arresting officer pulled beside appellee who had stopped at a road intersection and had him pull over to the side of the road into a service station. The officer testified that he detected the odor...

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