KELLY v. COM. OF PA.

No. 3079 C.D. 1985.

113 Pa.Commw. 1 (1988)

536 A.2d 465

David Patrick Kelly, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

January 21, 1988.


Attorney(s) appearing for the Case

Raymond P. Amatangelo, for appellant.

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

Submitted on briefs May 18, 1987, to Judges MacPHAIL and BARRY, and Senior Judge BLATT. Reconsideration granted by submission on briefs on December 1, 1987 to President Judge CRUMLISH, JR. and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.


OPINION BY JUDGE MacPHAIL, January 21, 1988:

David Kelly (Appellant) appeals an order of the Court of Common Pleas of Washington County (trial court) which dismissed his appeal of a Department of Transportation (DOT) order suspending his operator's license for a period of one year pursuant to Section 1547(b)(2) of the Vehicle Code, 75 Pa. C. S. §1547(b)(2) (refusal to submit to chemical testing).

On July 27, 1985, the Appellant was involved in an automobile...

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