APPEAL OF ATTLEBERGER


136 Pa.Commw. 329 (1990)

583 A.2d 24

In the Matter of the Appeal of Raymond L. ATTLEBERGER from the Action of the Secretary of Transportation of the Commonwealth of Pennsylvania in Suspending his Motor Vehicle Operator's License. Appeal of Raymond L. ATTLEBERGER.

Commonwealth Court of Pennsylvania.

Decided November 28, 1990.

Petition for Allowance of Appeal Granted May 14, 1991.


Attorney(s) appearing for the Case

Joseph J. Liotta, III, Brandt, Liotta & Stuttler, Franklin, Pa., for appellant.

Timothy P. Wile, Asst. Counsel in charge of Appellate Section, with him, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, King of Prussia, for appellee.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, SMITH, KELLEY and BYER, JJ.


DOYLE, Judge.

Raymond L. Attleberger appeals an order of the Court of Common Pleas of Venango County sustaining the one-year suspension of his operating privileges for refusing to submit to a chemical test pursuant to Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b).1

At approximately 2:00 a.m. on May 30, 1989, Lieutenant Richard O. Goldsmith of the City of Franklin Department of Public Safety observed two motorcycles...

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