Legal Opinion

Commonwealth v. Gonzalez

Commonwealth Court of Pennsylvania

Decided October 22, 1987No. Appeal, 463 C.D. 1986PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge Blatt,

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the demurrer of Augusto Gonzalez (appellee) to DOT’s evidence. The trial court concluded that DOT had offered no proof that the appellee was operating a vehicle so as to enable DOT to suspend his license, pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. § 1547(b) (refusal to submit to a blood test).

On May 21, 1985, O’Hara Township Police Department Officers Hughes and Bronowicz received a radio call indicating that there was…

2Cases cited5 opinions

  1. Bureau of Traffic Safety v. DreisbachCommonwealth Court of Pennsylvania · 1976
  2. Commonwealth v. FunkSuperior Court of Pennsylvania · 1978
  3. Sheakley v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  4. Haklits v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  5. In re Appeal of FinkelsteinCommonwealth Court of Pennsylvania · 1983

3Cited by6 opinions

  1. Commonwealth, Department of Transportation, Bureau of Driver Licensing v. BirdCommonwealth Court of Pennsylvania · 1990
  2. COM., DEPT. OF TRANSP. v. McGrathCommonwealth Court of Pennsylvania · 1992
  3. Commonwealth, Department of Transportation, Bureau of Driver Licensing v. BirdCommonwealth Court of Pennsylvania · 1990
  4. Ponce v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1996
  5. Schindler v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2009

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