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BUREAU OF TRAFFIC SAFETY v. DAUER

No. 551 C.D. 1979.

52 Pa.Commw. 571 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Robert Eugene Dauer, Appellee.

Commonwealth Court of Pennsylvania.

July 8, 1980.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Argued June 5, 1980, before Judges WILKINSON, JR., BLATT and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 8, 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, 75 Pa. C.S. § 1547(b), for refusing to submit to a breathalyzer test.

In order for a suspension for...

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