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BUREAU OF TRAFFIC SAFETY v. HERMAN

No. 1288 C.D. 1977.

49 Pa.Commw. 201 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Edward F. Herman, Jr., Appellee.

Commonwealth Court of Pennsylvania.

February 5, 1980.

Attorney(s) appearing for the Case

Harold Cramer, Assistant Attorney General, with him John L. Heaton, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General and Robert P. Kane, Attorney General, for appellant.

Edward F. Herman, Jr., with him David L. Lichtenstein, for appellee.

Argued December 3, 1979, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, February 5, 1980:

The Department of Transportation, Bureau of Traffic Safety appeals the order of the Court of Common Pleas of Allegheny County sustaining the appeal of Edward F. Herman, Jr. (appellee) from a suspension of his motor vehicle operator's license for a period of six months pursuant to Section 624.1(a) of The Vehicle Code1 for refusal to comply with a police officer's request to submit to a breathalyzer...

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