Opinion

COM. DOT, BUR. OF DR. LIC. v. Gaertner

  • 138 Pa. Commw. 423
  • 589 A.2d 272
  • 1991 Pa. Commw. LEXIS 142
Court
Commonwealth Court of Pennsylvania
Filed
Mar 11, 1991
Status
Published
Author
Doyle
On the bench
Doyle, Byer, Barry
Cited by
8 cases
Authority
More cited than 10.2%

the Commonwealth Court held that the refusal of a deaf motorist to submit to chemical testing for driving under the influence was not the product of a knowing and conscious decision

How later courts described this case

  • the Commonwealth Court held that the refusal of a deaf motorist to submit to chemical testing for driving under the influence was not the product of a knowing and conscious decision

Written by the judges who cited it.

The opinion

DOYLE, Judge,

concurring.

I concur in the result reached by the majority and write separately only to express my disagreement with the holding in Department of Transportation, Bureau of Driver Licensing v. Peck, 132 Pa.Commonwealth Ct. 509, 573 A.2d 645 (1990), for the reasons stated in my dissenting opinion in that case. Our appellate review both here and in Peck is identical.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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