Opinion
Argued February 8, 1974
March 12, 1974.
Motor vehicles — Suspension of motor vehicle operator's license — Refusal of breath test — Driving while under the influence of intoxicating liquor — Validity of arrest.
1. A suspension of a motor vehicle operator's license for refusal to take a breath test, following an arrest for driving while under the influence of intoxicating liquor, is appropriate regardless of the lawfulness of the arrest. [190]
Argued February 8, 1974, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 994 C.D. 1973, from the order of the Court of Common Pleas of Lycoming County in case of Commonwealth of Pennsylvania v. Dale E. Hall, No. 73-0575.
Suspension of motor vehicle operator's license by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Lycoming County. Appeal dismissed. GREEVY, P. J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Charles J. McKelvey, with him McNerney, Page, Vanderlin Hall, for appellant.
John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.
In Commonwealth v. Miles, 8 Pa. Commw. 544, 304 A.2d 704 (1973), and again in Commonwealth v. Drugotch, 9 Pa. Commw. 460, 308 A.2d 183 (1973), we held that the motor vehicle operator's license of one who, placed under arrest and charged with driving while under the influence of intoxicating liquor, refuses to take a breathalyzer test may be suspended regardless of the lawfulness of the arrest. In the instant case the court below followed Miles and dismissed Mr. Hall's appeal. The appellant urges us to overrule our holding. Judge MENCER clearly and comprehensively explained the bases for our decisions in the cited cases and we adhere to the law as we there declared it to be.
Order affirmed.