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ABATE v. DEPT. OF TRANSPORTATION

No. 1253 C.D. 1979.

53 Pa.Commw. 104 (1980)

Richard M. Abate, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

July 18, 1980.

Attorney(s) appearing for the Case

Basil G. Russin, with him Joseph F. Sklarosky, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, and Harvey Bartel III, Acting Attorney General, for appellee.

Submitted on briefs, June 6, 1980, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 18, 1980:

Richard M. Abate seeks review of the order of the Court of Common Pleas of Luzerne County dismissing his appeal from the Secretary of Transportation's suspension of his driver's license under Section 1547 of the Vehicle Code, 75 Pa. C.S. § 1547, on the ground that Abate refused to submit to a breathalyzer test.

Abate contends that the lower court erred in concluding that he had in fact refused to submit to the breathalyzer...

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