COM., DEPT. OF TRANSP. v. PSZONTAK


144 Pa.Commw. 185 (1991)

601 A.2d 423

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Frank John PSZONTAK, Appellee.

Commonwealth Court of Pennsylvania.

Decided December 17, 1991.


Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-In-Charge of Appellate Section, for appellant.

Michael F.X. Gillin, for appellee.

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


DOYLE, Judge.

Before us for consideration is the appeal of the Department of Transportation from an order of the Court of Common Pleas of Delaware County. The court sustained Frank John Pszontak's appeal effectively vacating a suspension order of the Pennsylvania Department of Transportation (Department) pursuant to Section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547, due to his failure to submit to chemical testing of his blood after he had been arrested for...

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