COMMONWEALTH v. BONADUCE

No. 85-14229.

39 Pa. D. & C. 3d 668 (1986)

Commonwealth v. Bonaduce

Common Pleas Court of Delaware County, Pennsylvania.

April 25, 1986.


Attorney(s) appearing for the Case

Richelle D. Sanders, deputy attorney general, for the Commonwealth.

Debra J. Moreland, for defendant.


BLOOM, J., April 25, 1986.

Presently before the court is the novel issue of whether the Commonwealth may suspend a driver's operating privileges for refusing a urine test, after the operator has clearly taken a breath test. For reasons more fully explained later in this opinion, we hold that it may not.

The facts of this matter are not in dispute and can best be summarized as follows:

1. On September 26, 1985, defendant was stopped by Officer...

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