Schleiker v. Commonwealth, Department of Transportation, Bureau of Traffic Safety

Commonwealth Court of Pennsylvania

Schleiker v. Commonwealth, Department of Transportation, Bureau of Traffic Safety

463 A.2d 86, 76 Pa. Commw. 18, 1983 Pa. Commw. LEXIS 1803

CourtCommonwealth Court of Pennsylvania

DecidedJuly 27, 1983

DocketAppeal, No. 1086 C.D. 1982

StatusPublished

Cited by2 cases

This text of 463 A.2d 86 (Schleiker v. Commonwealth, Department of Transportation, Bureau of Traffic Safety) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schleiker v. Commonwealth, Department of Transportation, Bureau of Traffic Safety, 463 A.2d 86, 76 Pa. Commw. 18, 1983 Pa. Commw. LEXIS 1803 (Pa. Ct. App. 1983).

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Opinion

Opinion by

Judge Rogers,

This is an appeal from the order of the Court of Common Pleas of Monroe County, entered April 13, 1982, after an evidentiary hearing upholding the suspension of the appellant’s operating privileges for a period of six months for failing to take a breathalyzer test. Upon examination of the record we have discovered that the judge who entered the order appealed from has not filed a statement in the form of an opinion of the reasons for the order. The question in the case is that of whether the appellant who claims to have been injured in an accident was able knowingly and consciously to refuse the breathalyzer test. There are conflicts as to the facts in the record and no findings of fact which we can review. Therefore it is necessary that we remand the record to the Court of Common Pleas of Monroe County for the statement called for by Pa. R.A.P. No. 1925(a). Jurisdiction retained.

Order

And Now, this 27th day of July, 1983, the record in the above-captioned matter is remanded to the Court of Common Pleas of Monroe County for fur[20]*20ther proceedings consistent with this opinion including findings and a brief statement of reasons for the April 13, 1982, order; jurisdiction is retained. .

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Opinion by

Judge Rogers,

This is an appeal from the order of the Court of Common Pleas of Monroe County, entered April 13, 1982, after an evidentiary hearing upholding the suspension of the appellant’s operating privileges for a period of six months for failing to take a breathalyzer test. Upon examination of the record we have discovered that the judge who entered the order appealed from has not filed a statement in the form of an opinion of the reasons for the order. The question in the case is that of whether the appellant who claims to have been injured in an accident was able knowingly and consciously to refuse the breathalyzer test. There are conflicts as to the facts in the record and no findings of fact which we can review. Therefore it is necessary that we remand the record to the Court of Common Pleas of Monroe County for the statement called for by Pa. R.A.P. No. 1925(a). Jurisdiction retained.

Order

And Now, this 27th day of July, 1983, the record in the above-captioned matter is remanded to the Court of Common Pleas of Monroe County for fur[20]*20ther proceedings consistent with this opinion including findings and a brief statement of reasons for the April 13, 1982, order; jurisdiction is retained. .

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Bluebook (online)

463 A.2d 86, 76 Pa. Commw. 18, 1983 Pa. Commw. LEXIS 1803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schleiker-v-commonwealth-department-of-transportation-bureau-of-traffic-pacommwct-1983.

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