Legal Opinion

Kostyk v. Com., Dept. of Transp.

Commonwealth Court of Pennsylvania

Decided February 23, 1990PublishedCited by 16 opinions

1Opinion of the Court

SMITH, Judge.

Walter J. Kostyk (Appellant) appeals from a decision of the Court of Common Pleas of Delaware County which upheld the Department of Transportation’s (DOT) suspension of his license pursuant to Section 1547 of the Vehicle Code, 75 Pa. C.S. § 1547 for failure to submit to a blood alcohol test following his arrest for driving while under the influence of alcohol. The trial court’s decision is affirmed.

An officer of the Eddystone Police Department observed Appellant on January 30, 1988 at 2:45 a.m. driving a motor vehicle over a curb and swerving to the right. The officer stopped…

2Cases cited13 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. Breithaupt v. AbramSupreme Court of the United States · 1957
  4. Com., Dept. of Transp. v. WysockiSupreme Court of Pennsylvania · 1987
  5. Commonwealth v. HippSupreme Court of Pennsylvania · 1988

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Conahan v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLESDistrict Court of Appeal of Florida · 1993
  2. COM., DEPT. OF TRANSP. v. MossCommonwealth Court of Pennsylvania · 1992
  3. Mooney v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1994
  4. Occhibone v. CommonwealthSupreme Court of Pennsylvania · 1995
  5. Municipality of Anchorage v. RayCourt of Appeals of Alaska · 1993

11 more not listed; retrieve them via the Exa API.

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