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· 1/7/2009

Schlag v. Commonwealth, Department of Transportation

Citations

  • 963 A.2d 598
  • 2009 Pa. Commw. LEXIS 3
  • 2009 WL 30291

How courts have described this case

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

  • officer’s reasonable belief was supported by information received from a complainant who followed a vehicle involved in a hit-and-run accident, confronted the driver, and reported signs of intoxication
  • “[T]he test is whether the officer’s conclusion was reasonable as a matter of law, not whether [the trial court] might have concluded otherwise had [it] stood in the officer’s shoes.”
  • “Once the trial court accepts as credible an officer’s testimony regarding [his] observations of the licensee, [the trial court] cannot substitute its judgment as to what inferences should be drawn from the circumstances.”
  • where no notation on the trial court docket indicates that appellant was served with a copy of the trial court’s Rule 1925(b) order, appellant’s failure to file a timely concise statement will not result in waiver
  • where docket does not reflect that prothonotary provided notice of entry of a Rule 1925(b) order to appellant as required under Pa. R.C.P. No. 236 (b), this Court would not conclude appellant’s issues were waived for failure to file a Statement

Source: CourtListener parenthetical corpus (CC0).

Judges: McGinley, Simpson, Kelley

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.