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PennDOT v. OLENICK

No. 481 C.D. 1987.

115 Pa.Commw. 559 (1988)

540 A.2d 993

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. David J. Olenick, Appellee.

Commonwealth Court of Pennsylvania.

May 3, 1988.

Attorney(s) appearing for the Case

Robert M. Rovine, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, John L. Heaton, Chief Counsel, for appellant.

Carl N. Frank, for appellee.

Submitted on briefs March 21, 1988, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 3, 1988:

The Commonwealth Department of Transportation, Bureau of Traffic Safety (DOT), suspended David J. Olenick's operator's license for one year for refusing to submit to a blood chemical test. 75 Pa. C. S. §1547(b) (1). The Luzerne County Common Pleas Court sustained Olenick's appeal. DOT now appeals; we reverse the common pleas court order and reinstate the suspension.

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