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BAILEY v. BUREAU OF TRAFFIC SAFETY.

No. 618 C.D. 1980.

60 Pa.Commw. 62 (1981)

Quentin S. Bailey, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee.

Commonwealth Court of Pennsylvania.

June 17, 1981.

Attorney(s) appearing for the Case

Randolph W. Von Till, Jr., for appellant.

Richard L. Colden, Jr., with him Robert C. Bell, Assistant Counsel, and Harold H. Cramer, Assistant Counsel, Ward T. Williams, Chief Counsel, Transportation, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs, April 8, 1981, to Judges MENCER, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., June 17, 1981:

This appeal is from an order of the Court of Common Pleas of Chester County dismissing the appeal of Quentin S. Bailey whose operator's license was ordered suspended for six (6) months by the Secretary of Transportation for refusing to submit to a breathalyzer test under Section 1547 of the Vehicle Code, 75 Pa. C.S. § 1547. Appellant contends that he was physically unable to perform the breathalyzer test and

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