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PennDOT v. DOHERTY

No. 784 C.D. 1982.

88 Pa.Commw. 482 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Michael R. Doherty, Appellee.

Commonwealth Court of Pennsylvania.

April 1, 1985.

Attorney(s) appearing for the Case

Robert C. Bell, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Paul D. Boas, Berlin, Boas & Isaacson, for appellee.

Submitted on briefs January 31, 1985, to Judges MacPHAIL, BARRY and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE BARRY, April 1, 1985:

This appeal results from an order of the Allegheny County Court of Common Pleas which overturned the six month suspension of Michael Doherty's operator's license imposed by the Department of Transportation (DOT) for his refusal to submit to a breathalyzer test.

A City of Pittsburgh police officer noticed Mr. Doherty parked in his car beneath the McArdle Roadway Bridge. The car had been damaged quite extensively apparently...

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