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COMMONWEALTH v. KELLY

No. 1070 Criminal 1982.

27 Pa. D. & C. 3d 618 (1983)

Commonwealth v. Kelly

Common Pleas Court of Cumberland County, Pennsylvania.

February 8, 1983.

Attorney(s) appearing for the Case

J. Michael Eakin, Assistant District Attorney, for the Commonwealth.

David S. Keller, for defendant.

SHUGHART, P.J., February 8, 1983.

The issue is whether the results of a blood test, which indicate that defendant was under the influence of alcohol, should be suppressed because defendant was not first afforded an opportunity to submit to a breath test.

According to testimony at the January 20, 1983, suppression hearing, the attention of the police was brought to this matter as they were investigating...

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