Pothier v. Commonwealth

Opinion by

Senior Judge Kalish,

Appellant, Jeffrey Stephen Pothier, appeals a decision of the Court of Common Pleas of Delaware County which affirmed the Department of Transportations suspension of his drivers license because he refused to take a breathalyzer test. We affirm.

Appellant was involved in an automobile accident. He contends that he received such head injuries when he struck the windshield, that he could not give an intelligent and voluntary refusal to the request to take the breathalyzer test. He had been treated at the hospital. The arresting officer testified that appellant had no…