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SMITH v. COMMONWEALTH

No. 3043 C.D. 1981.

80 Pa.Commw. 117 (1984)

Arthur Aloysius Smith, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

February 2, 1984.

Attorney(s) appearing for the Case

Albert C. Oehrle, Wilson, Oehrle, Drayer & Furber, for appellant.

Glenn R. Davis, 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 December 7, 1983, to Judges ROGERS, WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE ROGERS, February 2, 1984:

This is an appeal of a holder of a motor vehicle operator's license from an order of the Court of Common Pleas of Montgomery County affirming the suspension of his driver's license pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b), for his refusal to submit to a chemical analysis of his breath or his blood for the purpose of determining his blood alcohol content.

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