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PennDOT v. BERTA

No. 1467 C.D. 1987.

120 Pa.Commw. 558 (1988)

549 A.2d 262

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Christine Berta, Appellee.

Commonwealth Court of Pennsylvania.

October 24, 1988.

Attorney(s) appearing for the Case

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

Stephen A. Zappala, Jr., Dattilo, Barry, Fasulo & Cambest, P.C., for appellee.

Submitted on briefs May 18, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, October 24, 1988:

This is an appeal1 by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Christine Berta (Licensee) from an action of the Department suspending Licensee's operating privileges for one year for refusal to comply with the breathalyzer test requirement appearing in Section 1547 of the...

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