Commonwealth v. Pregrad

Opinion by

Judge Mencer,

On February 27, 1970, Pennsylvania State Police Trooper Howard L. McMurtrie arrested David A. Pregrad (appellee) for operating a motor vehicle while under the influence of intoxicating liquor, a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P. L. 58, as amended (Code), 75 P.S. §1037. After being placed under arrest, appellee was requested on three separate occasions, during the period of one hour, to submit to a breathalyzer test as provided in the so-called “Implied Consent Law,” Section 624.1(a)1 of the Code, 75 P.S. §624.1 (a). On each, of…