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PennDOT v. McCAFFERTY

No. 1390 C.D. 1987.

120 Pa.Commw. 153 (1988)

547 A.2d 1303

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. David Scott McCafferty, Appellee.

Commonwealth Court of Pennsylvania.

September 29, 1988.

Attorney(s) appearing for the Case

Melissa K. Dively, Assistant Counsel, with her, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs August 3, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 29, 1988:

This is an appeal by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Clarion County which reversed the action of the Department in suspending the operating privileges of David Scott McCafferty (Licensee) for refusing to take a breathalyzer test. See Section 1547(b) of the Vehicle Code...

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