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PennDOT v. ANDREWS

No. 227 C.D. 1983.

95 Pa.Commw. 338 (1986)

505 A.2d 412

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Stephen J. Andrews, Appellee.

Commonwealth Court of Pennsylvania.

March 4, 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.

Thomas J. Ratchford, Jr., McHale & Clark, for appellee.

Submitted on briefs February 3, 1986, to Judges ROGERS and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 4, 1986:

This is the appeal of the Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Court of Common Pleas of Lackawanna County overturning DOT's order suspending the operating privileges of Stephen J. Andrews, appellee, for refusing to submit to a breathalyzer test pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b). The appellee was arrested after, in the words of the arresting...

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