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Hopkins v. Commonwealth11/13/2003
equests based on his own determination that he had not drunk enough alcohol to require testing. Even his final statement " aybe, I should take the test," cannot qualify as an assent to take the test as " aybe" does not qualify as an unqualified, unequivocal assent.
Accordingly, we affirm the decision of the trial court and remand the matter to the trial court for the determination of the amount of counsel fees and costs to be paid by Licensee and his counsel jointly and severally to PennDot.
ORDER
AND NOW, this 13th day of November, 2003, the order of the Court of Common Pleas of Bucks County (trial court) is affirmed and the case is remanded to the trial court for a determination of counsel fees and costs in accordance with this opinion.
Jurisdiction relinquished.
JOSEPH F. McCLOSKEY, Senior Judge
Page 1 2 3 4 Pennsylvania DUI Attorneys
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