PennDOT v. DAY

No. 859 C.D. 1984.

93 Pa.Commw. 49 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Charles W. Day, Appellee.

Commonwealth Court of Pennsylvania.

November 14, 1985.


Attorney(s) appearing for the Case

Michael R. Deckman, Deputy Chief Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Scott L. Kelley, Stonesifer and Kelley, for appellee.

Submitted on briefs September 10, 1985, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, November 14, 1985:

The Department of Transportation (DOT) appeals a common pleas court decision sustaining the appeal of the motorist whose operating privileges were suspended because he refused to take a blood-alcohol examination. The trial court found that the driver did not comprehend what was occurring as a result of an accident and, consequently, did not make a conscious and knowing refusal. We affirm.

DOT contends that...

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