Commonwealth v. Gallagher

Opinion by

Judge Rogers,

The Commonwealth has appealed from an order of the Court of Common Pleas of Delaware County sustaining the appeal of Daniel A. Gallagher from the suspension by the Secretary of Revenue of his license to operate a motor vehicle. The Secretary’s action was grounded on Gallagher’s refusal, upon his arrest for operating a motor vehicle while under the influence of intoxicating liquor, of a request of police officers that he submit to a chemical test of his breath. The officers did not advise Gallagher, the appellee here, that he would be permitted to have a physician of his…