[Download] "Price v. Reed" by In the Supreme Court of Pennsylvania Middle District * Book PDF Kindle ePub Free

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Title: Price v. Reed
Author : In the Supreme Court of Pennsylvania Middle District
Release Date : January 08, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

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1 Under challenge here is the constitutionality of the implied consent law, 47 O.S.Supp. 1982 ? 754 . The questions presented are whether ? 754, insofar as it appears to authorize a determination to be made - in a postacquittal drivers license revocation hearing - that the arresting officer had reasonable grounds to believe the accused, while under the influence of alcohol, was in actual, physical control of a vehicle [1] violates the constitutional guarantee against double jeopardy by subjecting the licensee to a retrial of a criminal offense or to multiple punishments for its commission and [2] constitutes an impermissible encroachment either by the executive or the legislative branches upon powers that are constitutionally ascribed to the judiciary. We answer both questions in the negative.