Opinion
December 11, 1961.
January 16, 1962.
Motor Vehicles — Licenses — Suspension — Driving while under influence of intoxicating liquor — Evidence — Sufficiency — Effect of alcohol heightened by medication — Suspension prior to trial on criminal charge.
On appeal by defendant from an order of the court below dismissing his appeal from the action of the Secretary of Revenue in suspending defendant's license to operate a motor vehicle, in which it appeared that the court below, holding that (a) there was sufficient evidence to conclude that defendant was under the influence of intoxicating liquor while driving his car, (b) the fact that pills taken by defendant for a cold might have heightened the effect of the alcohol in the drinks he had taken might be considered a mitigating factor but was not a defense, and (c) the secretary had authority to suspend defendant's license even though he had not yet been tried on the criminal charge, dismissed the appeal and affirmed the order of the secretary, it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 331, Oct. T., 1961, from order of Court of Common Pleas of Montgomery County, June T., 1961, No. 61-4458, in case of Commonwealth of Pennsylvania v. Frederick Casanave. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 678.
Appeal by licensee from decision of Secretary of Revenue suspending motor vehicle operator's license. Before GROSHENS, J.
Order entered dismissing appeal. Petitioner appealed.
David E. Thomas, with him Raspin, Espenshade, Heins, Erskine Stewart, for appellant. Elmer T. Bolla, Deputy Attorney General, with him David Stahl, Attorney General, for Commonwealth, appellee.
Argued December 11, 1961.
The order of the Court of Common Pleas of Montgomery County is affirmed on the opinion of Judge DAVID E. GROSHENS for the court below, reported at 25 Pa. D. C. 2d 678.