COMMONWEALTH v. KELLY

No. 785 Civil 1984.

32 Pa. D. & C. 3d 267 (1984)

Commonwealth v. Kelly

Common Pleas Court of Cumberland County, Pennsylvania.

August 14, 1984.


Attorney(s) appearing for the Case

Glenn R. Davis, assistant counsel, for Pennsylvania Department of Transportation.

Henry F. Coyne, for appellant.


BAYLEY, J., August 14, 1984.

This is an appeal from the Department of Transportation's suspension of the petitioner's operating privileges for a total of 24 months for a refusal to submit to two chemical tests of his breath as a result of two separate arrests for driving under the influence of alcohol on February 18, 1984.

The Vehicle Code, 75 Pa. C.S. §1547(a) provides:

"General rule. — Any person who drives, operates or is in actual...

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