Legal Opinion

Smith v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Commonwealth Court of Pennsylvania

Decided February 23, 1995PublishedCited by 8 opinions

1Opinion of the Court

SMITH, Judge.

Frank B. Smith appeals from the August 3, 1993 order of the Court of Common Pleas of Cumberland County which upheld the Department of Transportation’s (DOT) suspension of his operating privileges for failure to submit to chemical testing pursuant to Section 1547(b)(1) of the Vehicle Code, 75 Pa. C.S. § 1547(b)(1). Section 1547(b)(1) provides that “[i]f any person placed under arrest for a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
  3. Byrd v. United StatesDistrict of Columbia Court of Appeals · 1991
  4. Commonwealth v. MummaCommonwealth Court of Pennsylvania · 1983
  5. COM., DEPT. OF TRANSP. v. KilrainCommonwealth Court of Pennsylvania · 1991

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

3Cited by8 opinions

  1. Com., Dept. of Transp. v. RenwickSupreme Court of Pennsylvania · 1996
  2. Poteet v. BethkeIndiana Court of Appeals · 1987
  3. Petrocsko v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2000
  4. Purcell v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1997
  5. Keenan v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1995

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

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