Commonwealth v. Throckmorton

HOFFMAN, Judge:

Appellant contends that the results of a breathalyzer test should have been suppressed because the test was conducted pursuant to an illegal arrest.

On May 12, 1972, appellant, a resident of Virginia, approached the toll booth at exit 10 of the Pennsylvania Turnpike in Somerset Borough, Somerset County, Pennsylvania. Because appellant was unable to find his turnpike toll ticket, he was directed by the toll collector to pull his vehicle into a closed lane of traffic. A short time later, the appellant asked the toll collector to summon a police officer. At about 12:50 a. m. two…