Commonwealth v. Everett

Opinion by

Judge Mencer,

On April 11,1970, Pennsylvania State Police Trooper Michael J. Cunningham arrested1 Kenneth R. Everett (appellee) for operating a motor vehicle while under the influence of intoxicating liquor, a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P. L. 58, as amended (Code), 75 P.S. §1037. Following his arrest, appellee was asked by Trooper Cunningham *504to submit to a breathalyzer test, as provided in Section 624.1(a)2 of the Code, 75 P.S. §624.1 (a). Appellee refused to submit to this test and specifically so admitted his refusal when he testified…