Opinion
November 1, 1982.
Submitted on briefs September 16, 1982, before Judges BLATT, WILLIAMS JR. and CRAIG, sitting as a panel of three.
Appeal, No. 2175 C.D. 1980, from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Robert W. Shearer, No. SA 705 of 1980.
Motor vehicle operator's license suspended by the Department of Transportation. Licensee appealed to the Court of Common Pleas of Allegheny County. Appeal dismissed. STAISEY, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
John D. Finnegan, for appellant.
No appearance for appellee.
Robert W. Shearer appeals an order of the Court of Common Pleas of Allegheny County which affirmed the suspension of his motor vehicle operating privileges for a period of six months pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. § 1547(b), which requires a person operating a motor vehicle in this Commonwealth to submit to a chemical test of breath or blood when a police officer has reasonable grounds to believe that the operator was driving a motor vehicle while under the influence of alcohol.
Finding no error of law by the trial court, or any necessary finding of fact unsupported by the record, Yockers v. Department of Transportation, 4 Pa. Commw. 95, 285 A.2d 893 (1972), we will affirm the trial court's order denying Shearer's appeal and will do so on the basis of the very able opinion of Judge LEONARD C. STAISEY, Commonwealth of Pennsylvania v. Robert W. Shearer, ___ Pa. D. C.3d (198).
We note that the author of the opinion cited on page 5 of the trial court's opinion herein affirmed refers to "Judge WILKINSON." The correct reference, however, should be to "Judge WILKINSON."
ORDER
AND, NOW, this 1st day of November, 1982, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is hereby affirmed.