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PennDOT v. JOHNSON

No. 3272 C.D. 1984.

102 Pa.Commw. 302 (1986)

518 A.2d 8

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Carl J. Johnson, Appellee.

Commonwealth Court of Pennsylvania.

November 24, 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.

No appearance for appellee.

Submitted on briefs September 29, 1986, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, November 24, 1986:

The Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals the order of the Court of Common Pleas of Cambria County (trial court), which sustained Carl J. Johnson's appeal from a twelve-month suspension of his driver's license for refusing to submit to a breathalyzer test. Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b).

After a de novo hearing, the trial court reversed the...

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