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LARKIN v. COM. OF PA.

No. 3140 C.D. 1985.

109 Pa.Commw. 611 (1987)

531 A.2d 844

Gerald J. Larkin, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

Submitted on briefs June 9, 1987.

Attorney(s) appearing for the Case

Steven R. Geroff, Geroff and Mittelman, for appellant.

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

To President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE COLINS, September 30, 1987:

Gerald Larkin (appellant) appeals an order of the Court of Common Pleas of Delaware County which dismissed his appeal from a one year license suspension imposed by the Department of Transportation (DOT) upon his refusal to submit to a breathalyzer test in accordance with Section 1547 of the Vehicle Code, 75 Pa. C.S. §1547.

There is no dispute in the instant matter that DOT presented sufficient proof of the...

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