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RODGER SHELTON v. COMMONWEALTH PENNSYLVANIA (11/25/87)

decided: November 25, 1987.

RODGER SHELTON, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Commonwealth of Pennsylvania v. Rodger Shelton, No. S.A. 732 of 1985.

COUNSEL

P. Andrew Diamond, for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Morey Myers, General Counsel, for appellee.

Judges Craig, Doyle and Barry, sitting as a panel of three. Opinion by Judge Craig. Concurring and Dissenting Opinion by Judge Barry.

Author: Craig

[ 111 Pa. Commw. Page 295]

In this appeal from an affirmance, by Judge Doyle of the Allegheny County Court of Common Pleas, of the suspension of driver Rodger Shelton's vehicle operating privilege under 75 Pa. C.S. § 1547(b), the driver does not dispute that the department met its burden of proving that he

(1) was placed under arrest for driving under the influence of alcohol;

(2) was requested to submit to a chemical test;

(3) was warned of the consequences of a refusal; and

(4) refused to comply with the request.

Everhart v. Commonwealth, 54 Pa. Commonwealth Ct. 22, 420 A.2d 13 (1980).

The driver's sole contention upon appeal is that the administrative notice of such refusal, sent by the police officer to the department in accordance with 75 Pa. C.S. § 1547(b)(1), was not notarized and sealed.

The driver's brief offers no authority for the proposition that a notarized notice is essential to the validity of the suspension, other than reference to departmental ...


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