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PennDOT v. FIRESTONE

No. 394 C.D. 1986.

111 Pa.Commw. 498 (1987)

534 A.2d 556

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Richard Jay Firestone, Appellee.

Commonwealth Court of Pennsylvania.

December 7, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Christopher J. Clements, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, Morey M. Myers, General Counsel, for appellant.

Mary E. Baloh, for appellee.

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

OPINION BY JUDGE CRAIG, December 7, 1987:

The Department of Transportation, Bureau of Driver Licensing appeals an order of the Court of Common Pleas of Westmoreland County which sustained the appeal of Richard Jay Firestone from a one-year suspension of his operating privilege for refusing to submit to a chemical breath test. Section 1547(b) of the Vehicle Code, as amended, 75 Pa. C. S. §1547(b).1

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