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Pekar Motor Veh. Op. License Case

Superior Court of Pennsylvania
Jun 22, 1971
280 A.2d 458 (Pa. Super. Ct. 1971)

Opinion

April 16, 1971.

June 22, 1971.

Motor Vehicles — Operators — Licenses — Suspension — Refusal to take breathalyzer test — Evidence — Finding of fact of court below — Appellate review.

In this case, in which it appeared that defendant's license was suspended for refusal to take the breathalyzer test provided for in § 624.1(a) of The Vehicle Code of April 29, 1959, P.L. 58, as amended; and that after a hearing on appeal the court below found as a fact that defendant did not refuse to take the test and set aside the suspension; it was Held that the lower court's finding was supported by competent evidence and would not be disturbed by the appellate court.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

Appeal, No. 356, April T., 1970, from order of Court of Common Pleas, Civil Division, of Allegheny County, No. SA-1342 of 1969, in case of Commonwealth of Pennsylvania v. Mike Pekar. Order affirmed.

Appeal by licensee from decision of Secretary of Revenue suspending motor vehicle operating privileges.

Order entered sustaining appeal, opinion by MARTIN, J. Commonwealth appealed.

Anthony J. Maiorana, Assistant Attorney General, Elmer T. Bolla, Deputy Attorney General, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.

No oral argument was made nor brief submitted for appellee.


Submitted April 16, 1971.


In this case appellee's license was suspended for refusal to take the breathalyzer test provided for in § 624.1(a) of The Vehicle Code of April 29, 1959, P.L. 58, as amended, 75 Pa.C.S.A. § 624.1 (a). After a hearing on appeal, the court below found as a fact that the appellee did not refuse to take the test and set aside the suspension. The lower court's finding is supported by competent evidence and we will not disturb it.


Order affirmed.


Summaries of

Pekar Motor Veh. Op. License Case

Superior Court of Pennsylvania
Jun 22, 1971
280 A.2d 458 (Pa. Super. Ct. 1971)
Case details for

Pekar Motor Veh. Op. License Case

Case Details

Full title:Pekar Motor Vehicle Operator License Case

Court:Superior Court of Pennsylvania

Date published: Jun 22, 1971

Citations

280 A.2d 458 (Pa. Super. Ct. 1971)
280 A.2d 458