Commonwealth v. Medalis

Opinion by

Judge Mencer,

Although the facts which give rise to this appeal can be distinguished from those dealt with in the case of Bureau of Traffic Safety v. Kelly, 18 Pa. Commonwealth Ct. 490, 335 A.2d 882 (1975), our holding in Kelly controls here. In Kelly, we held that a person possessing a license to operate a motor vehicle who refuses to submit to a properly requested breathalyzer test1 does not sustain *14his burden of proving a physical inability to submit when he produces no medical or other competent evidence of physical disability or incapacity.2

On June 28,1974, Raymond D. Medalis…