Legal Opinion

Commonwealth v. Brazier

Pennsylvania Court of Common Pleas, Lancaster County

Decided April 26, 1984No. 840389Published

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

  1. Everhart v. CommonwealthCommonwealth Court of Pennsylvania · 1980
  2. Peppelman v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  3. Hartford National Bank & Trust Co. v. HarveySupreme Judicial Court of Maine · 1980
  4. Smolick v. CommonwealthCommonwealth Court of Pennsylvania · 1981

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