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BUREAU OF TRAFFIC SAFETY v. DOURTE

No. 1640 C.D. 1980.

66 Pa.Commw. 511 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Roger P. Dourte, Appellee.

Commonwealth Court of Pennsylvania.

May 17, 1982.

Attorney(s) appearing for the Case

Harold H. Cramer, with him Ward T. Williams, Chief Counsel, Transportation, for appellant.

John F. Pyfer, Jr., Allison & Pyfer, for appellee.

Argued March 4, 1982, before President Judge CRUMLISH and Judges ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 17, 1982:

This case has to do with chemical tests of the breath or blood of operators of motor vehicles for the purpose of determining the alcoholic content of their blood.

The appellee, Roger P. Dourte, was involved in a single vehicle accident in Lancaster County. A police officer asked him at the scene whether he would submit to a test of his breath and Dourte agreed. No breath test was ever taken because Dourte, who was injured...

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