Legal Opinion
Commonwealth v. Maguire
Commonwealth Court of Pennsylvania
Decided March 24, 1988No. Appeal, 818 C.D. 1986PublishedCited by 8 opinions
1Opinion of the Court
Opinion by
President Judge Crumlish, Jr.,
The Department of Transportation (DOT) appeals a Berks County Common Pleas Court order sustaining Leo Russell Maguires appeal of a one-year drivers license suspension. We reverse.
The facts are undisputed. Maguire was arrested for driving under the influence of alcohol. 75 Pa. C. S. §3731. He subsequently refused to submit to a breathalyzer after receiving a valid warning that refusal would result in suspension of his license. The arresting officer did not send the “Report of Refusal” to DOT until eight months later, whereupon DOT promptly revoked…
2Cases cited4 opinions
- Waigand v. CommonwealthCommonwealth Court of Pennsylvania · 1982
- Commonwealth v. LyonsCommonwealth Court of Pennsylvania · 1982
- Commonwealth, Department of Transportation v. RussoCommonwealth Court of Pennsylvania · 1986
- Commonwealth v. KazilCommonwealth Court of Pennsylvania · 1986
3Cited by8 opinions
- Dunn v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2003
- Pokoy v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1998
- COM., DEPT. OF TRANSP. v. TurnerCommonwealth Court of Pennsylvania · 1993
- Commonwealth v. DuncanCommonwealth Court of Pennsylvania · 1991
- Nelson v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1990
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