Commonwealth v. Fullerton

Opinion by

Judge Blatt,

This is an appeal by Jay J. Fullerton (Fullerton) from a decision dated September 15,1976, of the Court of Common Pleas of Allegheny County, sustaining the suspension of Fullerton’s operator’s license by the Commonwealth of Pennsylvania, Department of Transportation under Section 624.1(a) of the former Motor Vehicle Code (Code),1 formerly 75 P.S. §624.1 (a), for refusing to submit to a breathalyzer test.

*611On January 6, 1976, at about 4:25 A.M., Fullerton while operating his vehicle in an erratic fashion on Route 19, Ross Township, Allegheny County, was stopped by two…