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SHELTON v. PennDOT

No. 108 C.D. 1986.

111 Pa.Commw. 294 (1987)

533 A.2d 842

Rodger Shelton, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

November 25, 1987.

Attorney(s) appearing for the Case

P. Andrew Diamond, for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Morey Myers, General Counsel, for appellee.

Submitted on briefs October 5, 1987, to Judges CRAIG, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 25, 1987:

In this appeal from an affirmance, by Judge DOYLE of the Allegheny County Court of Common Pleas, of the suspension of driver Rodger Shelton's vehicle operating privilege under 75 Pa. C. S. §1547(b), the driver does not dispute that the department met its burden of proving that he

(1) was placed under arrest for driving under the influence of alcohol; (2) was requested to submit to a chemical test;...

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