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COM., DEPT. OF TRANSP. v. SCHRAF

135 Pa.Commw. 246 (1990)

581 A.2d 249

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Phyllis Ann SCHRAF, Appellee.

Commonwealth Court of Pennsylvania.

Decided September 20, 1990.

Reargument Denied November 8, 1990.

Attorney(s) appearing for the Case

David R. White, Asst. Counsel, with him, Timothy P. Wile, Asst. in Charge, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Thomas W. King III, Dillon, McCandless & King, Butler, for appellee.

Before DOYLE and BYER, JJ., and BARRY, Senior Judge.

OPINION

BARRY, Senior Judge:

The Commonwealth's Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Butler County which sustained an appeal of Phyllis Ann Schraf (Schraf) and reversed DOT's one year suspension of Schraf's license pursuant to 75 Pa.C.S. § 1547 (refusal to submit to chemical testing).

Officer John R. Hays of the Butler Township Police Department testified that he was...

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