Department of Transportation v. Cannon

Opinion by

Judge Mencer,

On January 23, 1971, on Interstate 76 in Montgomery County, Paul Cannon (appellee) was apprehended by a State Trooper 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, 75 P-S- §1037, and, after being so charged, refused to submit to a breathalyzer test as provided in the so-called “Implied Consent Law,” Section 624.1(a) of the Code, 75 P.S. §624.1 (a). Having received a report of this refusal from the magistrate and officer involved, the Secretary…