Gerlach v. Spradling

SWOFFORD, Judge.

Following an automobile collision wherein the appellant drove his vehicle into the rear of a parked car at 8:00 o’clock p. m. on March 3,1974, the investigating police officer noticed a strong odor of alcohol on appellant and that he was staggering. Appellant admitted that he had been drinking that afternoon and he was placed under arrest and thereupon taken to the hospital for repair of a cut lip.

The arresting officer testified that on two occasions at the scene, and three times at the hospital, he explained the so-called implied consent law and requested the appellant to…