Monday, April 14, 2008

license suspension - refusal to take breath test

Riley v. DOT - Commonwealth Court - April 14, 2008

License suspended where officer "observed the odor of alcohol." DOT proved all elements under implied consent law, 75 Pa. C.S. 1547, under which DOT must establish that the licensee: (1) was arrested for driving under the influence by a police officer who had reasonable grounds to believe that the licensee was operating or was in actual physical control of the movement of the vehicle while under influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was warned that refusal might result in a license suspension.