Commonwealth v. Guarino

Opinion by

Judge Mencer,

On January 18, 1974, in the Borough of Indiana, Randy Guarino (Guarino) was stopped by/a borough policeman after making a sharp U-turn immediately in *106front of the policeman’s vehicle. Upon approaching Guarino’s vehicle, the policeman detected the odor of alcoholic beverages on Guarino’s breath. Guarino was asked to get out of his car and thereafter he “weaved back and forth” when he walked.

Guarino was placed under arrest and asked to submit to a breathalyzer test as provided in the so-called “Implied Consent Law,” Section 624.1 (a) of The Vehicle Code, Act of April 29,…