NARICK, Senior Judge.
The issue before this Court is whether a breathalyzer's results, which varied by more than .02 percent and thus, was taken out of service according to the Department of Transportation's (DOT) regulations, is tantamount to a malfunctioning unit, allowing police officers to request a second chemical test from a suspected drunk driver.
DOT appeals from the order of the Court of Common Pleas of Montgomery County that sustained the appeal...
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