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PennDOT v. NORTON

No. 2701 C.D. 1985.

103 Pa.Commw. 78 (1987)

519 A.2d 1095

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Lawrence G. Norton, Appellee.

Commonwealth Court of Pennsylvania.

January 8, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

Margaret Amoroso Judge, Dessen, Moses & Sheinoff, for appellee.

Submitted on briefs December 12, 1986, to Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, January 8, 1987:

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals a Delaware County Common Pleas Court order reversing a one-year license suspension imposed upon Lawrence G. Norton (appellee) for refusing to submit to a breathalyzer test in violation of Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. § 1547(b). We reverse.1

At approximately 4:00 a.m. on the morning...

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