Commonwealth v. Johns

WHITE, J.,

This is an appeal from a six month suspension of a motor vehicle operating license under § 1574(b) of the Vehicle Code, 75 Pa.C.S.A. § 1543(b), for refusing to submit to a breathalyzer test.

Petitioner was arrested by a Philadelphia policeman who responded to a radio call of an accident on the Schuylkill Expressway. When the police officer arrived on the accident scene, he found *372petitioner standing outside his car. He observed that petitioner had a strong smell of alcohol on his breath and was very loud and unruly. For these reasons petitioner was placed under arrest for Intoxicated…