Commonwealth v. Dierkes

LIPPINCOTT, J.,

David T. Dierkes was charged with operating a motor vehicle while under the influence of intoxicating liquor after being stopped by a policeman on June 28, 1969, for driving in an erratic fashion. Pursuant to The Vehicle Code of April 29, 1959, P. L. 58, 75 PS §624.1, a breath-chemical test1 was administered by the police for the purpose of determining the alcoholic content of his blood.

Defendant has filed a timely petition to suppress the results of such test on the ground that the police failed to advise him, before administering the test, that he had the right under the…