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JOHN J. WISNIEWSKI v. COMMONWEALTH PENNSYLVANIA (04/07/83)

decided: April 7, 1983.

JOHN J. WISNIEWSKI, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. John J. Wisniewski, No. SA 182 of 1980.

COUNSEL

M. Lawrence Shields, III, Kratzenberg & Shields, P.C., for appellant.

No appearance for appellee.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 73 Pa. Commw. Page 319]

This is an appeal by John J. Wisniewski from an order of the Court of Common Pleas of Allegheny County, which dismissed Wisniewski's appeal from a six-month suspension of his motor vehicle operator's license by the Department of Transportation (DOT). DOT had imposed the suspension pursuant to 75 Pa. C.S. 1547(b), the implied consent law, because of Wisniewski's refusal to take a breathalyzer test.

Police officers of the City of Pittsburgh arrested Wisniewski on July 26, 1979, and charged him with driving under the influence and driving too fast for conditions. After transportation to the police station,

[ 73 Pa. Commw. Page 320]

    the officers requested Wisniewski to submit to a breathalyzer test to determine the alcoholic content of his blood. Wisniewski refused to take the test.

At the preliminary hearing, the magistrate dismissed the charges because the arresting officers failed to appear. On August 27, 1979, pursuant to Wisniewski's petition, the common pleas court entered an order requiring the expunction of the criminal record of Wisniewski's arrest on July 26, 1979.*fn1

[ 73 Pa. Commw. Page 321]

Following the expunction order, one of the arresting officers completed a form supplied to the police by DOT, entitled "Notice of Refusal To Submit To Chemical Test of Breath or Blood to Determine Alcoholic Content of Blood", and sent the form to DOT. DOT then notified Wisniewski of the six-month suspension of his operator's license.

Wisniewski appealed his suspension to the common pleas court. After a hearing, at which an arresting officer testified about the facts surrounding the arrest and ...


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