COMMONWEALTH v. SCHAEFER

Appeal, No. 357 C.D. 1972.

8 Pa.Commw. 96 (1973)

Commonwealth v. Schaefer.

Commonwealth Court of Pennsylvania.

March 6, 1973.


Attorney(s) appearing for the Case

Jerrold D. Harris, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

William J. McCarthy, III, for appellee.

Argued January 12, 1973, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., March 6, 1973:

In this appeal the Commonwealth challenges an order of the lower court reversing appellee's license suspension. The issue we are called upon to resolve is whether appellee's initial refusal to submit to a chemical breath test but subsequent assent to the test constituted sufficient cause for suspension of her operator's license by the Secretary of Transportation...

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