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PennDOT v. ELLIOTT

No. 744 C.D. 1988.

122 Pa.Commw. 589 (1989)

552 A.2d 760

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. C. Eugene Elliott, Appellee.

Commonwealth Court of Pennsylvania.

January 12, 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.

Paul D. Zavarella, with him, Louis W. Emmi, for appellee.

Submitted on briefs September 7, 1988, to Judges BARRY and SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, January 12, 1989:

The Court of Common Pleas of Westmoreland County, after a hearing de novo, sustained the appeal of C. Eugene Elliott (Elliott) and reversed the one year suspension of Elliott's operator's license by the Department of Transportation (Department) pursuant to Section 1547(b)(1) of the Vehicle Code (Code)1 (refusal to submit to an intoxilyzer test). The Department appeals this order...

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