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COMMONWEALTH v. JOHNS, JR.

No. 1411, October term, 1982.

26 Pa. D. & C. 3d 371 (1983)

Commonwealth v. Johns, Jr.

Common Pleas Court of Philadelphia County, Pennsylvania.

April 29, 1983.

Attorney(s) appearing for the Case

Martin Burman, for Commonwealth.

Janis Smarro and Mitchell Scott Strutin, for petitioner.

WHITE, J., April 29, 1983.

This is an appeal from a six month suspension of a motor vehicle operating license under §1574(b) of the Vehicle Code, 75 Pa.C.S.A. §1543(b), for refusing to submit to a breathalyzer test.

Petitioner was arrested by a Philadelphia policeman who responded to a radio call of an accident on the Schuylkill Expressway. When the police officer arrived on the accident scene, he found

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