· 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 CourtListenerSourced 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.