Commonwealth v. Ruttle

SUBERS, J.,

Defendant, Brian Ruttle, was charged with driving while under the influence of alcohol.1 Defendant filed an omnibus pretrial motion in which he asked this court to suppress any reference to an alleged refusal of chemical testing because he was not properly warned of the civil consequences of a refusal. On November 17, 1988, we granted the motion to suppress. The commonwealth now appeals.

FACTS

On March 20, 1988, Officer Michael Levitsky of the Cheltenham Township Police Department responded to the call of a traffic accident and found defendant standing near his vehicle. Officer…