Howell v. PennDot

O’BRIEN, J.,

FINDINGS OF FACT(1) In the early morning hours of December 17, 1988, a state policeman stopped petitioner’s vehicle for speeding. The officer detected a strong odor of alcohol on the breath of petitioner and observed several empty beer bottles in his vehicle.(2) When petitioner was unable to successfully complete the field sobriety test requested by the officer, the officer placed him under arrest for driving under the influence of alcohol. The officer advised defendant of his Miranda rights and explained the implied consent law of the Commonwealth of Pennsylvania. The officer’s…