PennDOT v. BARTLE

No. 1325 C.D. 1984.

93 Pa.Commw. 132 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Arthur Bartle, Appellee.

Commonwealth Court of Pennsylvania.

November 22, 1985.


Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Michael R. Deckman, Deputy Chief Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Joseph F. Sklarosky, for appellee.

Argued September 10, 1985, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, November 22, 1985:

The Department of Transportation (DOT) appeals a decision of the Court of Common Pleas of Luzerne County which sustained the appeal of Arthur Bartle from the suspension of his automobile operator's license.

Bartle was involved in an automobile accident. He was asked to submit to a breathalyzer test. The breathalyzer machine malfunctioned and he was asked to take a blood test. He refused because he feared needles...

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