Commonwealth v. Heresko

Opinion by

Judge Mencer,

On July 8, 1974, James Heresko, Jr., was placed under arrest and charged with operating a motor vehicle while under the influence of intoxicating liquor. Thereafter he was helped to a patrol vehicle and taken to a local police station. There a request that he submit to a breathalyzer test under Section 624.1 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §624.1,1 was refused.

*510The Department of Transportation, Bureau of Traffic Safety, suspended Heresko’s license for six months. Heresko appealed to the Court of Common Pleas of Chester County,…