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WALTHOUR v. DEPT. OF TRANSPORTATION.

No. 1473 C.D. 1982.

74 Pa.Commw. 53 (1983)

Jeremiah Walthour, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

April 28, 1983.

Attorney(s) appearing for the Case

Samuel F. Pepper, for appellant.

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs April 6, 1983, to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 28, 1983:

In Pratt v. Department of Transportation, 62 Pa.Commw. 55, 57, n. 1, 434 A.2d 918, 919, n. 1 (1981), we noted, but did not there have to decide, the question of whether or not extreme intoxication could be a lawful justification for a motorist's failure to submit to an alcohol test.

The present case now squarely presents that issue for decision. Here, appellant Walthour...

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