R. A. Reinhart v. Bureau of Driver Licensing (Majority Opinion)

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 2351 C.D. 2007

Case Date: 08/12/2008

Plaintiff: R. A. Reinhart

Defendant: Bureau of Driver Licensing (Majority Opinion)

Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA Richard A. Reinhart v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant BEFORE: : : : : : : : :

No. 2351 C.D. 2007 Submitted: May 9, 2008

HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE JIM FLAHERTY, Senior Judge

OPINION BY JUDGE SIMPSON

FILED: August 12, 2008

The Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals an order of the Court of Common Pleas of Montgomery County (trial court) that sustained Richard A. Reinhart's (Licensee) appeal of a one-year suspension of his operating privilege based on his reported refusal to submit to chemical testing.1 PennDOT asserts the trial court erred in sustaining Licensee's appeal where the credited evidence established Licensee deliberately failed to provide two adequate breath samples after initially agreeing to submit to a

See Section 1547 of the Vehicle Code, 75 Pa. C.S.

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