Legal Opinion
Commonwealth v. Mumma
Commonwealth Court of Pennsylvania
Decided December 15, 1983No. Appeal, No. 30 C.D. 1983PublishedCited by 54 opinions
1Opinion of the Court
Opinion bt
Judge Craig,
The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) appeals from an order of the Dauphin County Court of Common Pleas reversing DOT’s suspension of Joseph T. Mumma’s drivers’s license.
The question is whether the trial court erred in determining that Mumma’s action in smoking a cigarette, despite several warnings not to do so, did not constitute a refusal to take the breathalyzer test.1
Whether or not there has been a refusal by a motorist to submit to a breathalyzer test is a factual, not a legal, determination. Department of Transporta*110tion,…
2Cases cited12 opinions
- Waigand v. CommonwealthCommonwealth Court of Pennsylvania · 1982
- In Re Apepal From Susupension of Operator's License of BuddCommonwealth Court of Pennsylvania · 1982
- In Re Appeal From Suspension of Operating Privileges of CapozzoliCommonwealth Court of Pennsylvania · 1981
- Bureau of Traffic Safety v. JonesCommonwealth Court of Pennsylvania · 1978
- Commonwealth v. WroblewskiCommonwealth Court of Pennsylvania · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
- Com., Dept. of Transp. v. RenwickSupreme Court of Pennsylvania · 1996
- McKenna v. CommonwealthCommonwealth Court of Pennsylvania · 2013
- Broadbelt v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2006
- Lanthier v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2011
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