Legal Opinion
Larkin v. Commonwealth
Commonwealth Court of Pennsylvania
Decided September 30, 1987No. Appeal, 3140 C.D. 1985PublishedCited by 23 opinions
1Opinion of the Court
Opinion by
Judge Colins,
Gerald Larkin (appellant) appeals an order of the Court of Common Pleas of Delaware County which dismissed his appeal from a one year license suspension imposed by the Department of Transportation (DOT) upon his refusal to submit to a breathalyzer test in accordance with Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.
There is no dispute in the instant matter that DOT presented sufficient proof of the legal elements required to sustain the suspension. The controversy centers upon appellants motivation in refusing to submit to the requested breathalyzer test.…
2Cases cited6 opinions
- Waigand v. CommonwealthCommonwealth Court of Pennsylvania · 1982
- Commonwealth, Department of Transportation, Bureau of Traffic Safety v. KorchakSupreme Court of Pennsylvania · 1984
- Wheatley v. CommonwealthCommonwealth Court of Pennsylvania · 1987
- Commonwealth v. CassidyCommonwealth Court of Pennsylvania · 1987
- Commonwealth v. StruzzeriCommonwealth Court of Pennsylvania · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- COM., DEPT. OF TRANSP. v. MalizioCommonwealth Court of Pennsylvania · 1992
- COM., DEPT. OF TRANSP. v. McGarveyCommonwealth Court of Pennsylvania · 1990
- Department of Transportation v. GrossCommonwealth Court of Pennsylvania · 1992
- COM., DEPT. OF TRANSP. v. TomczakCommonwealth Court of Pennsylvania · 1990
- COM., DEPT. OF TRANSP. v. WilhelmCommonwealth Court of Pennsylvania · 1993
18 more not listed; retrieve them via the Exa API.