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BUREAU OF TRAFFIC SAFETY v. COLLER

No. 1660 C.D. 1979.

59 Pa.Commw. 448 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Mark E. Coller, Appellee.

Commonwealth Court of Pennsylvania.

June 3, 1981.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Argued April 10, 1980, before Judges ROGERS, CRAIG and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, June 3, 1981:

Mark E. Coller, the petitioner, was charged with operating his motor vehicle while under the influence of intoxicants on April 29, 1977, under Section 1037 of the Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, formerly, 75 P.S. § 1037, repealed by the Act of June 17, 1976, P.L. 162. A similar provision is now found in Section 3731 of the Vehicle Code, 75 Pa. C.S. § 3731. On July 5, 1977, Mr. Coller...

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