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DALE E. HALL v. COMMONWEALTH PENNSYLVANIA (03/12/74)

decided: March 12, 1974.

DALE E. HALL, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the order of the Court of Common Pleas of Lycoming County in case of Commonwealth of Pennsylvania v. Dale E. Hall, No. 73-0575.

COUNSEL

Charles J. McKelvey, with him McNerney, Page, Vanderlin & Hall, for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 12 Pa. Commw. Page 190]

In Commonwealth v. Miles, 8 Pa. Commonwealth Ct. 544, 304 A.2d 704 (1973), and again in Commonwealth v. Drugotch, 9 Pa. Commonwealth Ct. 460, 308 A.2d 183 (1973), we held that the motor vehicle operator's license of one who, placed under arrest and charged with driving while under the influence of intoxicating liquor, refuses to take a breathalyzer test may be suspended regardless of the lawfulness of the arrest. In the instant case the court below followed Miles and dismissed Mr. Hall's appeal. The appellant urges us to overrule our holding. Judge Mencer clearly and comprehensively explained the bases for our decisions in the cited cases and we adhere to the law as we there declared it to be.

Order affirmed.

Disposition

Affirmed.

19740312

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