COM. D.O.T., BUR. OF DR. LIC. v. GAERTNER


138 Pa.Commw. 423 (1991)

589 A.2d 272

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Arthur J. GAERTNER, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 11, 1991.

Publication Ordered March 11, 1991.

Reargument Denied May 6, 1991.


Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-In-Charge of Appellate Section, with him, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, Pittsburgh, for appellant.

Linda Rovder Fleming, Russell, Pappas & Rozich, Johnstown, for appellee.

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


BARRY, Senior Judge.

The Department of Transportation, Bureau of Driver Licensing (the department) appeals an order of the Court of Common Pleas of Cambria County dated April 6, 1990, which sustained the appeal of Arthur J. Gaertner (Gaertner) from a department order suspending Gaertner's operating privilege for one year pursuant to 75 Pa.C.S. § 1547 for failure to submit to a blood test.

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