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PennDOT v. CASSIDY

No. 854 C.D. 1984.

103 Pa.Commw. 582 (1987)

521 A.2d 59

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Warren Joseph Cassidy, Appellee.

Commonwealth Court of Pennsylvania.

February 10, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Robert P. Corbin, with him, Thomas E. Butler, Jr., and Edward J. Stolarski, Jr., German, Gallagher & Murtagh, for appellee.

Argued December 8, 1986, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, February 10, 1987:

The Department of Transportation, Bureau of Traffic Safety (DOT) appeals a Chester County Common Pleas Court order reversing a one-year license suspension imposed upon Warren Joseph Cassidy (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...

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