Legal Opinion

Shaw v. Commonwealth

Commonwealth Court of Pennsylvania

Decided January 19, 1989No. Appeal 825 C. D. 1988PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Senior Judge Barbieri,

John Russell Shaw (Appellant) appeals an order of the Delaware County Court of Common Pleas dismiss ing his appeal of a- one-year suspension of his drivers license for failure to submit to a breath test pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b).

On August 20, 1987, a vehicle driven by Appellant struck a parked police car from the rear. At a de novo hearing before the trial court on March 21, 1988, Officer Raffaele, of the Darby Borough Police Department, testified that he noticed a strong odor of alcohol upon opening…

2Cases cited10 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Waigand v. CommonwealthCommonwealth Court of Pennsylvania · 1982
  3. Commonwealth v. Willow Grove Veterans Home Ass'nCommonwealth Court of Pennsylvania · 1986
  4. Commonwealth v. FerraraCommonwealth Court of Pennsylvania · 1985
  5. Commonwealth v. O'ConnellCommonwealth Court of Pennsylvania · 1986

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Appeal of Borough of ChurchillSupreme Court of Pennsylvania · 1990
  2. COM., DEPT. OF TRANSP. v. SmithCommonwealth Court of Pennsylvania · 1992
  3. Koller v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1996
  4. Zawacki v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2000
  5. Commonwealth v. ZurkaCommonwealth Court of Pennsylvania · 1990

3 more not listed; retrieve them via the Exa API.

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