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McFARREN v. PennDOT.

No. 1867 C.D. 1984.

96 Pa.Commw. 262 (1986)

507 A.2d 879

Vincent T. McFarren, Jr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

April 7, 1986.

Attorney(s) appearing for the Case

Kurt R. Gingrich, with him, Richard E. Rush, Thomson, Rhodes & Cowie, for appellant.

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

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

OPINION BY JUDGE CRAIG, April 7, 1986:

In Department of Transportation, Bureau of Traffic Safety v. Fullerton, 31 Pa.Commw. 609, 377 A.2d 1024 (1977), we held that a motorist's refusal to submit to a second breathalyzer alcohol test, when the breathalyzer machine did not function properly the first time, constituted a violation of the statutory duty to submit to an alcohol test. The issue in this case is whether a motorist...

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