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PennDOT v. PUSTELAK

No. 1593 C.D. 1988.

125 Pa.Commw. 215 (1989)

557 A.2d 803

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Dennis L. Pustelak, Appellee.

Commonwealth Court of Pennsylvania.

April 17, 1989.

Attorney(s) appearing for the Case

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs January 20, 1989, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE COLINS, April 17, 1989:

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Erie County which sustained the appeal of Dennis L. Pustelak (Pustelak) from the Department's one year suspension of his operating privilege pursuant to Section 1547(b)(1) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b)(1). This suspension was based upon Pustelak's refusal to submit to chemical...

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