PennDOT v. BELLE.

No. 801 C.D. 1985.

105 Pa.Commw. 468 (1987)

524 A.2d 1060

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James T. Belle, Appellee.

Commonwealth Court of Pennsylvania.

Submitted on briefs March 23, 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.

Robert Davis Gleason, for appellee.

To Judges CRAIG and DOYLE, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY SENIOR JUDGE NARICK, April 27, 1987:

Appellee, James T. Belle, had his privilege to operate a motor vehicle suspended for one year by the Pennsylvania Department of Transportation (Department), for refusing to submit to a breathalyzer test. The Court of Common Pleas of Cambria County (trial court) reinstated those privileges, whereupon the Department appealed.

At the outset, we note that a trial court's decision in a license suspension case cannot...

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