Legal Opinion
Kitchenoff v. COM., DEPT. OF TRANSP.
Commonwealth Court of Pennsylvania
Decided April 29, 1992No. 1261 C.D. 1991PublishedCited by 5 opinions
1Opinion of the Court
DOYLE, Judge.
This is an appeal by Lloyd H. Kitchenoff, Jr. (Licensee) from an order of the Court of Common Pleas of Berks County which upheld the imposition by the Department of Transportation (DOT) of a one-year suspension of Licensee’s operating privileges for failure to submit to chemical testing pursuant to Section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547.
The pertinent facts are as follows. Licensee was stopped by the state police after he had been observed travelling in the left lane and then the center of the road in Heidelberg Township. When stopped Licensee had the odor of alcohol…
Also in this document: Dissent.
2Cases cited6 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
- Commonwealth, Department of Transportation, Bureau of Traffic Safety v. KorchakSupreme Court of Pennsylvania · 1984
- COM., DEPT. OF TRANSP. v. FiesterCommonwealth Court of Pennsylvania · 1990
- Forte v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McNulty v. CommonwealthCommonwealth Court of Pennsylvania · 1993
- Stack v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 1994
- Commonwealth, Department of Transportation, Bureau of Driver Licensing v. MartinoCommonwealth Court of Pennsylvania · 1994
- Sellers v. PennDOT, Pennsylvania Court of Common Pleas, Cumberland County1993
- Stack v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 1994