COM., DEPT. OF TRANSP. v. WEBB


139 Pa.Commw. 1 (1991)

590 A.2d 28

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Timothy J. WEBB, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 20, 1991.

Reargument Denied May 6, 1991.

Publication Ordered May 1, 1991.


Attorney(s) appearing for the Case

David R. White, Asst. Counsel, Appellate Section, 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 appellant.

Matthew Hanna, Media, for appellee.

Before McGINLEY and KELLEY, JJ., and NARICK, Senior Judge.


NARICK, Senior Judge.

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Delaware County which sustained the driver's license suspension appeal of Timothy J. Webb. We reverse.

Mr. Webb's license was suspended for refusing to submit to a chemical test of his blood-alcohol ratio pursuant to Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). Mr. Webb appealed his suspension to the court of common...

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