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Pritchett v. PENNDOT

Pennsylvania Commonwealth Court

December 13, 2021

The Pennsylvania Commonwealth Court reversed the trial court’s order, which sustained Licensee’s appeal from PENNDOT’s 12-month suspension of his driving privileges. The Court held that a trooper had reasonable grounds to believe that Licensee was driving under the influence of marijuana because Licensee’s car smelled like marijuana, Licensee told the trooper that he had recently smoked marijuana, Licensee had bloodshot eyes, and Licensee failed the administered intoxication tests. Consequently, Section 1547 of the Vehicle Code required that Licensee’s license be suspended based upon his refusal of chemical testing, regardless of his possession of a medical marijuana card.

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