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PennDOT v. STRUZZERI

No. 807 C.D. 1984.

95 Pa.Commw. 12 (1986)

504 A.2d 961

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Phillip Struzzeri, Appellee.

Commonwealth Court of Pennsylvania.

February 6, 1986.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Submitted on briefs September 25, 1985, to President Judge CRUMLISH, JR., Judge ROGERS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 6, 1986:

The Department of Transportation (DOT) suspended Phillip Struzzeri's driving license for one year for refusing to submit to a breathalyzer test. Section 1547 (b) (1) of the Vehicle Code.1 A Luzerne County Common Pleas Court order sustained Struzzeri's appeal and rescinded the suspension. DOT appeals this order. We reverse and reinstate the suspension.

Struzzeri was found...

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