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HERBERT v. COMMONWEALTH

No. 3052 C.D. 1980.

75 Pa.Commw. 28 (1983)

Philip Herbert, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

June 9, 1983.

Attorney(s) appearing for the Case

Martin J. O'Brien, for appellant.

Lawrence R. Wieder, Assistant Counsel, with him Harold H. Cramer, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs February 28, 1983, to Judges BLATT, WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., June 9, 1983:

In this appeal, appellant Philip Herbert seeks reversal of an order of the Court of Common Pleas of Butler County upholding the suspension of appellant's motor vehicle operator's license by the Department of Transportation (Department). The Department suspended appellant's driver's license for refusal to comply with a police officer's request to submit to a breathalyzer test.

Shortly after midnight on July 19,...

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