WILSON v. COM., DEPT. OF TRANSP.


135 Pa.Commw. 339 (1990)

581 A.2d 252

Gary Richard WILSON, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided September 28, 1990.


Attorney(s) appearing for the Case

Peter U. Hook, Uniontown, for appellant.

William A. Kuhar, Jr., Asst. Counsel, with him, Timothy P. Wile, Asst. Counsel in Charge of Appellate Section, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, Harrisburg, for appellee.

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


OPINION

BARRY, Senior Judge.

Gary Richard Wilson appeals from an order of the Court of Common Pleas of Fayette County that dismissed his appeal from the one-year suspension of his driver's license by the Pennsylvania Department of Transportation (DOT) for refusal to submit to a breathalyzer test, as required by the implied consent law, section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). The issue presented is whether, where a person arrested...

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