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ROBERT D. JOHNSTON v. COMMONWEALTH PENNSYLVANIA (11/14/86)

decided: November 14, 1986.

ROBERT D. JOHNSTON, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lawrence County in the case of Robert D. Johnston v. Commonwealth of Pennsylvania, Department of Transportation, No. 95 of 1984.

COUNSEL

David H. Acker, for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

President Judge Crumlish, Jr, Judge Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 102 Pa. Commw. Page 184]

Appellant, Robert D. Johnston, appeals an order of the Court of Common Pleas of Lawrence County which dismissed his exceptions and affirmed an earlier order which sustained the suspension of appellant's driver's license for refusal to take a breathalyzer test. We quash this appeal as untimely filed.*fn1

Appellant was placed under arrest for operating a motor vehicle while under the influence of alcohol. In addition to a finding of probable cause for the arrest,

[ 102 Pa. Commw. Page 185]

    the trial court found that after appellant was informed of the effect of his refusal to submit to a breathalyzer test, he was afforded sufficient opportunity to submit himself to a breathalyzer test. The trial court thus affirmed appellant's driver's license suspension.

The trial court's order affirming appellant's driver's license suspension was entered on September 12, 1984. Appellant then filed exceptions, which the trial court dismissed on January 3, 1985. Appellant filed this appeal on January 8, 1985, more than three and one-half months after entry of the trial court's order.

Rule 227.1 of the Pennsylvania Rules of Civil Procedure, which governs post-trial relief, applies only to civil actions, as defined in the Pennsylvania Rules of Civil Procedure. It relates to statutory appeals only when authorized by statute or local rule. See Pennsylvania Liquor Control Board v. Willow Grove Veterans Home Association, 97 Pa. Commonwealth Ct. 391, 509 A.2d 958 (1986).

Sections 1550(a) and (c) of the Vehicle Code, 75 Pa. C.S. ยง 1550(a) and (c), provide:

(a) General rule. -- Any person . . . whose operating privilege has been recalled, canceled, suspended or revoked by the department shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant ...


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