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DiGIOVANNI v. COM., DEPT. OF TRANSP.

717 A.2d 1125 (1998)

Mark DiGIOVANNI v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 18, 1998.

Attorney(s) appearing for the Case

Marc A. Werlinsky, Asst. Counsel, and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Barry John Much, Sr., Media, for appellee.

Before DOYLE and FLAHERTY, JJ., and MIRARCHI, Jr., Senior Judge.

FLAHERTY, Judge.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Delaware County (trial court) which sustained the statutory appeal of Mark J. DiGiovanni (Licensee) from a one year suspension of his operating privileges imposed by the Department pursuant to Section 1547(b)(1) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b)(1) for failing to submit to chemical testing. We reverse...

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