81 Pa. Commw. 177 | Pa. Commw. Ct. | 1984
Opinion by
The Appellant, Robert H. King III, appeals here from an order of the Court of Common Pleas of Chester County which dismissed his appeal from a six month license suspension imposed by the Department of Transportation, Bureau of Traffic Safety (Department). We affirm.
On November 12,1981, the Appellant was arrested for driving under the influence of alcohol. When requested to submit to a breathalyzer test by police, the Appellant stated that he wasn’t going to refuse, but wanted first to talk to his attorney. The Appellant was permitted to call his attorney,
' On appeal to this Court, the Appellant concedes that in Pennsylvania there is no right to counsel when deciding whether or not to submit to a breathalyzer test. The Appellant contends, however, that because
Accordingly, the order of the common pleas court dismissing the Appellant’s appeal is hereby affirmed.
Order
And Now, this 26th day of March, 1984, the order of the Court of Common Pleas of Chester County, dated March 12, 1982, dismissing the appeal of the Appellant, Robert H. King, III, is hereby affirmed.
The agreement by the police to allow the Appellant to first contact his attorney was a matter of grace and did not vitiate the Appellant’s subsequent refusal to submit to the breathalyzer test. Department of Transportation, Bureau of Traffic Safety, v. Wroblewski, 65 Pa. Commonwealth Ct. 333, 442 A.2d 407 (1982).
Act of June 17, 1976, P.L. 162, as amended, 75 Pa. C. S. §1547-(b).
Miranda v. Arizona, 384 U.S. 436 (1966).