Legal Opinion

COM., DEPT. OF TRANSP. v. Whitney

Commonwealth Court of Pennsylvania

Decided June 8, 1990No. 887 C.D. 1989PublishedCited by 10 opinions

1Opinion of the Court

PALLADINO, Judge.

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Lackawanna County (trial court), sustaining Edwin R. Whitney, Jr.’s (Licensee) appeal of a one-year suspension of his driving privileges for failure to submit to a chemical test. We reverse.

On March 10, 1986, Licensee refused to submit to a chemical test. By a letter dated March 23, 1986, DOT notified Licensee that his license would be suspended for one year for refusing to submit to the chemical test pursuant to Section 1547 of the Vehicle Code, 75 Pa. C.S. § 1547. Licensee appealed…

2Cases cited5 opinions

  1. Christie v. Open Pantry Food Marts, Inc. of Delaware ValleySuperior Court of Pennsylvania · 1975
  2. Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
  3. Books v. CommonwealthCommonwealth Court of Pennsylvania · 1987
  4. Mankin v. ParrySuperior Court of Pennsylvania · 1919
  5. Commonwealth v. DavisCommonwealth Court of Pennsylvania · 1987

3Cited by10 opinions

  1. Commonwealth v. ThomasSuperior Court of Pennsylvania · 2002
  2. Appeal Of: Rural Route NeighborsCommonwealth Court of Pennsylvania · 2008
  3. Geise v. Nationwide Life & Annuity Co. of AmericaSuperior Court of Pennsylvania · 2007
  4. Higgins v. Public School Employes' Retirement SystemCommonwealth Court of Pennsylvania · 1999
  5. Commonwealth, Department of Transportation, Bureau of Traffic Safety v. WarenczukCommonwealth Court of Pennsylvania · 1991

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