[DOWNLOAD] "Commonwealth Pennsylvania v. Bradley A. Farner" by Commonwealth Court of Pennsylvania " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Bradley A. Farner
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 22, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT), from a decision of the Court of Common Pleas of Cumberland County which reversed a vehicle operators license suspension imposed for refusal to take a chemical test for alcohol, presents a legal question of statutory interpretation. The question is one of first impression because it involves the meaning and effect of the 1982 amendment to the Vehicle Code which now applies the chemical test duty to one who "drives, operates or is in actual physical control of the movement of a motor vehicle," while the original 1976 version of the same section applied the duty to one who "operates" or has been "driving" a motor vehicle. 75 Pa. C.S. § 1547(a), as originally enacted by the Act of June 17, 1976, P.L. 162, § 1, and as amended by the Act of December 15, 1982, P.L. 1268, § 5.
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