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PennDOT v. SHAFFER

No. 2188 C.D. 1983.

100 Pa.Commw. 66 (1986)

513 A.2d 1154

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Theodore N. Shaffer, Appellee.

Commonwealth Court of Pennsylvania.

August 20, 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.

James A. Villanova, for appellee.

Submitted on briefs March 11, 1986, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, August 20, 1986:

This is an appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Allegheny County Court of Common Pleas sustaining the appeal of Theodore Shaffer (appellee). DOT had suspended appellee's license for six months for refusing to submit to a breathalyzer test under Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b).

On June 30, 1982, appellee was...

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