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GORDON MARTIN SPIRER v. COMMONWEALTH PENNSYLVANIA (06/26/80)

decided: June 26, 1980.

GORDON MARTIN SPIRER, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of Commonwealth of Pennsylvania v. Gordon Martin Spirer, No. 61 of 1979.

COUNSEL

Thomas R. Ceraso, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel of Transportation, and Edward G. Biester, Jr., Attorney General, for appellee.

Judges Mencer, Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 52 Pa. Commw. Page 382]

This is an appeal of Gordon Martin Spirer from an order of the Court of Common Pleas of Westmoreland County upholding the suspension of his driving privilege by the Department of Transportation, Bureau of Traffic Safety, under Section 1547(b)(1) of the Vehicle Code, 75 Pa. C.S. § 1547(b)(1), for his refusal to submit to a chemical test (breathalyzer test).

Spirer was arrested on November 18, 1978 by the North Huntingdon Township Police Department for driving a vehicle while under the influence of alcohol to a degree which rendered him incapable of safe driving, in violation of Section 3731(a)(1) of the Vehicle Code, 75 Pa. C.S. § 3731(a)(1).

Spirer raises two questions on this appeal.

I.

Did the lower court err in determining that the actions of Spirer were such that he refused to take a breathalyzer test?

[ 52 Pa. Commw. Page 383]

The lower court made, inter alia, the following findings of fact:

4. The defendant was advised by the North Huntingdon Township Police Officers, Holman and Brown, that failure to take the test would result in a suspension ...


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