Monday, April 14, 2008

license suspension - refusal to take breath test

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

http://www.courts.state.pa.us/OpPosting/CWealth/out/145CD07_4-14-08.pdf

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.

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