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COMMONWEALTH v. HERESKO.

No. 1625 C.D. 1975.

28 Pa.Commw. 508 (1977)

Commonwealth of Pennsylvania v. James Heresko, Jr. Appellant.

Commonwealth Court of Pennsylvania.

February 9, 1977.

Attorney(s) appearing for the Case

Lawrence Sager, with him Sager & Sager Associates, for appellant.

John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued, December 9, 1976, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, February 9, 1977:

On July 8, 1974, James Heresko, Jr., was placed under arrest and charged with operating a motor vehicle while under the influence of intoxicating liquor. Thereafter he was helped to a patrol vehicle and taken to a local police station. There a request that he submit to a breathalyzer test under Section 624.1 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 624.1,1

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