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BUREAU OF TRAFFIC SAFETY v. HANES

No. 2150 C.D. 1978.

49 Pa.Commw. 407 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Thomas Hanes, Appellee.

Commonwealth Court of Pennsylvania.

February 22, 1980.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him, Robert W. Cunliffe, Deputy Attorney General and Edward G. Biester, Jr., Attorney General, for appellant.

No appearance for appellee.

Argued February 4, 1980, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., February 22, 1980:

The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Elk County reversing the Department's suspension of the motor vehicle operator's license of appellee pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. § 1547(b), for refusing to submit to a breathalyzer test.

This Court has frequently...

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