19 Pa. Commw. 363 | Pa. Commw. Ct. | 1975
Opinion by
The appellant, Karlton E. Williams, was arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor by police authorities of the City of Erie on November 19, 1972. His operating privileges were suspended by the Bureau of Traffic
Obviously, the court below had no power to entertain an appeal from the reinstated suspension entered after and in response to its order of April 6, 1973 dismissing Williams’ first appeal. We will not quash the
In the course of these proceedings, the appellant asserted at various times three reasons why his license should not have been suspended pursuant to Section 624.1(a). The first was that he was not warned by the testing officers that his license might be suspended if he did not take the test. We held such warning not to be necessary in Commonwealth v. Abraham, supra. He further asserted that his license should not be suspended because he had been acquitted of the charge of drunken driving in criminal proceedings. This contention is without merit, since his suspension was not for driving while intoxicated but for refusing to take the test. See Commonwealth v. Miles, 8 Pa. Commonwealth Ct. 544, 304 A.2d 704 (1973). He finally asserted that the suspension was improper because he was not lawfully arrested. This contention was held to be without merit in Glass v. Commonwealth,-Pa.-, 333 A.2d 768 (1975).
Indeed, Williams now argues only that we should remand the matter again for findings of fact and conclusions of law which the court below neglected to make on any of the four occasions the matter was before it. In the light of all the circumstances, we decline to so order. To require the lower court to consider this matter for a fifth time would constitute a further mockery of the system under which the appellant, who was arrested, charged with driving under the influence of intoxicating drink and who refused to submit to a breathalyzer test, has avoided suspension for more than two years.
Order affirmed.