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COM. v. LABIAUX

290 Pa.Super. 189 (1981)

434 A.2d 194

COMMONWEALTH of Pennsylvania, Appellant, v. Frank H. LABIAUX.

Superior Court of Pennsylvania.

Filed August 28, 1981.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.

John H. Corbett, Jr., Pittsburgh, submitted a brief on behalf of appellee.

Before SPAETH, SHERTZ and MONTGOMERY, JJ.

MONTGOMERY, Judge:

Appellee Frank H. Labiaux was arrested without a warrant and charged with the offense of driving while under the influence of alcohol. Appellee filed a Motion to Suppress the results of a breathalyzer test. At the conclusion of the hearing, thereon, Appellee's motion was granted1 and the Commonwealth filed this direct appeal. We reverse.

The sole issue is whether the police had probable cause to arrest Appellee...

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