PennDOT v. IANNITTI

No. 3129 C.D. 1984.

100 Pa.Commw. 239 (1986)

514 A.2d 954

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Jilda Gring Iannitti, Appellee.

Commonwealth Court of Pennsylvania.

September 2, 1986.


Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Donald T. Petrosa, Petrikin, Wellman, Damico, Carney & Brown, for appellee.

Submitted on briefs April 7, 1986, to Judges ROGERS and DOYLE, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE DOYLE, September 2, 1986:

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Delaware County setting aside DOT's suspension of the operating privileges of Jilda Gring Iannitti (Licensee) for refusal to submit to a breathalyzer examination pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b).

The trial court...

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