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PennDOT v. MARTIN

No. 3033 C.D. 1985.

102 Pa.Commw. 23 (1986)

517 A.2d 216

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Basil D. Martin, Appellee.

Commonwealth Court of Pennsylvania.

November 6, 1986.

Attorney(s) appearing for the Case

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

James H. McCune, McCune and Vreeland, for appellee.

Submitted on briefs October 10, 1986, to Judges CRAIG and BARRY, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BARRY, November 6, 1986:

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Washington County which ordered that the appellee, Basil D. Martin, concurrently serve two mandatory terms of suspension of his operator's license.

On February 15, 1985, the appellee was arrested for drunken driving and asked to submit to a breathalyzer. He refused. On March 8, 1985, appellee's operator's license was suspended...

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