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SMITH v. PennDOT

No. 260 C.D. 1984.

97 Pa.Commw. 74 (1986)

508 A.2d 1269

Wayne Allen Smith, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

April 8, 1986.

Attorney(s) appearing for the Case

Norman A. Krumenacker, III, Krumenacker & Krumenacker, for appellant.

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

Argued March 10, 1986, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 8, 1986:

Wayne Allen Smith appeals from an order of the Court of Common Pleas of Cambria County affirming the Department of Transportation's suspension of Smith's operating privileges for one year. We affirm.

Smith, arrested for driving under the influence of alcohol, assented to a breathalyzer alcohol test. However, before the breathalyzer test was performed, the arresting...

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