KOSTYK v. COM., DEPT. OF TRANSP.


131 Pa.Commw. 455 (1990)

570 A.2d 644

Walter KOSTYK, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided February 23, 1990.


Attorney(s) appearing for the Case

Jon J. Auritt, with him, Elisabeth R. Aaron, Auritt & Daly, for appellant.

Harold H. Cramer, Asst. Chief Counsel, with him, David R. White, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellee.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.


SMITH, Judge.

Walter J. Kostyk (Appellant) appeals from a decision of the Court of Common Pleas of Delaware County which upheld the Department of Transportation's (DOT) suspension of his license pursuant to Section 1547 of the Vehicle Code, 75 Pa. C.S. § 1547 for failure to submit to a blood alcohol test following his arrest for driving while under the influence of alcohol. The trial court's decision is affirmed.

An officer of the Eddystone Police Department...

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