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HOT LAW NEWS (PA
CASE)
MOTOR
VEHICLE - DRIVING UNDER THE INFLUENCE (DUI) CHARGES In
a case where the licensee was found asleep, reclined in the passenger’s seat
on a rural road, with the engine and lights off, near a convenience store, and
no alcohol in the vehicle, the court made a finding of no reasonable grounds to believe
that the licensee had actual
physical control of the motor vehicle when found in the above condition
i.e., to believe that the man had been “driving while drinking.”
Therefore, the court found the suspension of operating privileges for
refusing to submit to chemical testing for intoxication was invalid and
the license was restored. FOR
ADDITIONAL INFORMATION CALL
THE TOLL FREE HELP LINE 1-800-232-1477 JAMES
W. PEARSON, JR. Attorney-at-Law H:WPDOCS\WEB
ARTICLES\ROB AND ALICE\HOTLAW 4 HOT LAW NEWS (PA CASE)
MOTOR
VEHICLE - DRIVING UNDER THE INFLUENCE (DUI) CHARGES In
a case where the licensee was found asleep, reclined in the passenger’s seat
on a rural road, with the engine and lights off, near a convenience store, and
no alcohol in the vehicle, the court made a finding of no reasonable grounds to believe
that the licensee had actual
physical control of the motor vehicle when found in the above condition
i.e., to believe that the man had been “driving while drinking.”.
Therefore, the court found the suspension of operating privileges for
refusing to submit to a chemical testing for intoxication was invalid and
the license was restored. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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