Legal Opinion

Commonwealth v. Johnson

Commonwealth Court of Pennsylvania

Decided November 24, 1986No. Appeal, No. 3272 C.D. 1984PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge Blatt,

The Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals the order of the Court of Common Pleas of Cambria County (trial court), which sustained Carl J. Johnsons appeal from a twelve-month suspension of his drivers license for refusing to submit to a breathalyzer test. Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b).

After a de novo hearing, the trial court reversed the suspension and reinstated Johnsons license, holding that “[n]o formal arrest was ever made nor probable cause for arrest was (sic) established in the instant case. At…

2Cases cited5 opinions

  1. Bureau of Traffic Safety v. DreisbachCommonwealth Court of Pennsylvania · 1976
  2. Gresh v. Commonwealth, Department of Transportation, Bureau of Traffic SafetyCommonwealth Court of Pennsylvania · 1983
  3. Commonwealth v. KrishakCommonwealth Court of Pennsylvania · 1985
  4. Wisniewski v. CommonwealthCommonwealth Court of Pennsylvania · 1983
  5. Commonwealth v. O'NeillCommonwealth Court of Pennsylvania · 1986

3Cited by7 opinions

  1. In re J.M.Supreme Court of Pennsylvania · 1999
  2. DiPaolo v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1997
  3. Commonwealth, Department of Transportation, Bureau of Driver Licensing v. MartinoCommonwealth Court of Pennsylvania · 1994
  4. Doe v. Hartnett, No. Cv 96 0134840 (May 8, 2002)Connecticut Superior Court · 2002
  5. Dudek v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1996

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