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· 2/23/1990

Kostyk v. Com., Dept. of Transp.

Citations

  • 570 A.2d 644
  • 131 Pa. Commw. 455
  • 1990 Pa. Commw. LEXIS 139

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • refusal to take breathalyzer test renders irrelevant proof as to whether test would have been conducted by qualified operator using approved equipment
  • Section 1547 of the Vehicle Code does not violate either U.S. Const, amend. IV or XIV because licensee had no choice of test that was to be used and the selection of the test was within the police officer’s discretion
  • Objective of the Implied Consent Law is to protect the public by providing an effective means of denying intoxicated motorists the privilege of using the Commonwealth’s highways and is a proper exercise of the Commonwealth’s police power by the General Assembly

Source: CourtListener parenthetical corpus (CC0).

Judges: Crumlish, Craig, Doyle, Colins, Palladino, McGinley, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.