COM., DEPT. OF TRANSP. v. MARTINEZ


136 Pa.Commw. 296 (1990)

582 A.2d 1160

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Carol A. MARTINEZ, Appellee.

Commonwealth Court of Pennsylvania.

Decided November 28, 1990.


Attorney(s) appearing for the Case

William A. Kuhar, Jr., Asst. Counsel, with him, Timothy P. Wile, Asst. Counsel in Charge, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, Pittsburgh, for appellant.

Francis C. Rapp, Jr., Feldstein, Grinberg, Stein & McKee, Pittsburgh, for appellee.

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


DOYLE, Judge.

The Pennsylvania Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Carol A. Martinez from a one-year suspension of her operating privilege imposed pursuant to Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b), due to her failure to submit to a breath test following her arrest for driving under the influence of alcohol. We affirm.

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