Commonwealth v. Brazier
Pennsylvania Court of Common Pleas, Lancaster County
1Opinion of the Court
BUCKWALTER, J.,
Before the court is an appeal from the suspension of defen*433dant’s automobile operating privileges under Section' 1547(b) of the Vehicle Code 75 Pa. C.S. § 1547(b).
As set forth in Everhart v. Commonwealth, 54 Pa. Commw. 22, 420 A.2d 13 (1980), to sustain such a suspension the Commonwealth must establish that defendant (driver)(1) was arrested for driving while under the influence of alcohol;(2) was asked to submit to a breathalyzer (chemical test of the blood);(3) refused to do so; and(4) was specifically warned that a refusal would result in the revocation of his license.
In this…
2Cases cited4 opinions
- Everhart v. CommonwealthCommonwealth Court of Pennsylvania · 1980
- Peppelman v. CommonwealthCommonwealth Court of Pennsylvania · 1979
- Hartford National Bank & Trust Co. v. HarveySupreme Judicial Court of Maine · 1980
- Smolick v. CommonwealthCommonwealth Court of Pennsylvania · 1981