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EVERHART v. COMMONWEALTH.

No. 733 C.D. 1979.

54 Pa.Commw. 22 (1980)

Orrin Everhart, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

September 18, 1980.

Attorney(s) appearing for the Case

Ralph D. Friedman, Friedman and Friedman, for appellant.

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

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

OPINION BY JUDGE BLATT, September 18, 1980:

Orrin R. Everhart (petitioner) appeals here from an order of the Montgomery County Court of Common Pleas upholding suspension of his driving privileges by the Department of Transportation (DOT) under Section 1547(b)(1) of the Motor Vehicle Code (Vehicle Code), 75 Pa. C.S. § 1547(b) (1). The suspension was based on his refusal to take a breathalyzer test at the...

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