Legal Opinion

Zubik v. Commonwealth, Department of Transportation

Commonwealth Court of Pennsylvania

Decided November 27, 1985No. Appeal, No. 2069 C.D. 1983PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge Colins,

Charles Zubik, Jr. (appellant) appeals from an order of the Court of Common Pleas of Allegheny County1 dismissing his appeal from the Department of *223Transportation’s (DOT) six-month suspension .of his motor vehicle operator’s license for refusal to submit to a breathalyzer test as required under Section 1547 (b) (1) of the Vehicle Code.2

DOT’s burden of proof at the Common Pleas Court .hearing was to show that the appellant (1) wás placéd under arrest for driving while under the influence of alcohol, and the arresting officer had reasonable grounds to believe the driver…

2Cases cited24 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Commonwealth v. MikulanSupreme Court of Pennsylvania · 1983
  5. Commonwealth v. BusseySupreme Court of Pennsylvania · 1979

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3Cited by7 opinions

  1. Croissant v. CommonwealthCommonwealth Court of Pennsylvania · 1988
  2. Pastuszek v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 1988
  3. State, Department of Transportation v. RomeroNew Mexico Court of Appeals · 1987
  4. Bell v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 1992
  5. COM., DEPT. OF TRANSP. v. KilrainCommonwealth Court of Pennsylvania · 1991

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