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COLGAN v. COM., DEPT. OF TRANSP.

127 Pa.Commw. 479 (1989)

561 A.2d 1341

P.A. COLGAN, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 10, 1989.

Attorney(s) appearing for the Case

John J. Kerrigan, Jr., Stuckert and Yates, Newtown, for appellant.

Thomas Hines, Philadelphia, Harold H. Cramer, Asst. Chief Counsel, Christopher J. Clements, Asst. Counsel, John L. Heaton, Chief Counsel, Harrisburg, for appellee.

Before CRAIG and BARRY, JJ., and BLATT, Senior Judge.

CRAIG, Judge.

This Vehicle Code appeal by P.A. Colgan, a driver licensee, is from an order of Judge George T. Kelton of the Court of Common Pleas of Bucks County sustaining a one-year suspension of the driver's license by the Pennsylvania Department of Transportation (DOT) under 75 Pa.C.S. § 1547(b) for refusing to submit to chemical testing for alcohol. We affirm.

The precise issue is whether a driver's insistence upon a testing procedure which results...

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