Commonwealth v. Klingensmith

HOFFMAN, Judge:

This is an appeal from the April 12, 1993 judgment of sentence for driving under the influence of alcohol, 1 driving with suspended operating privileges 2 and driving without a registration plate. 3 Appellant, James Earl Klingensmith, presents three issues for our review:

I. Was appellant arrested for the offense of driving while under the influence of alcohol without probable cause?

II. Should the intoxilizer results be suppressed because appellant was not given his Miranda rights or his implied consent obligation under Pennsylvania law?

III. Was defendant subject to an illegal…