Commonwealth v. Brackin

DISSENTING OPINION

GARB, J.,

I most respectfully dissent.

We have before us for disposition defendant’s motion to suppress the evidence resulting from a breathalyzer test administered him pursuant to the Act of December 22, 1969, P. L. 392 sec. 1, 75 PS §624.1, he having been indicted for operating a motor vehicle while under the influence of intoxicating liquor in violation of the Act of April 29, 1959, P. L. 58, sec. 1037, 75 PS §1037. Defendant contends that this evidence *65should be suppressed and held inadmissible at trial because of the failure of the police officers to advise him of his…