Commonwealth v. O'ROURKE.

Opinion by

Judge Crumlish, Jr.,

The sole issue before us in the appeal of James O’Rourke (Appellant) from the order of the court of common pleas is whether the court erred in affirming a six-month suspension of Appellant’s operating privileges as a result of an alleged violation of Section 624.1(a) of the Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §624.1(a), when Appellant consented to, and in fact requested, the breathalyzer test some thirty to forty-five minutes after the arrest at which time he had refused to submit to the test.

In Morris Motor Vehicle Operator License…