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TODD v. COM., DEPT. OF TRANSP.

555 Pa. 193 (1999)

723 A.2d 655

David A. TODD, Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Supreme Court of Pennsylvania.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel, Harold H. Cramer, Asst. Chief Counsel, Andrew S. Gordon, Chief Counsel, Paul A. Tufano, Gen. Counsel, for Dept. of Transp., Bureau of Driver Licensing.

Lance J. Nelson, West Chester, for David A. Todd.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

This appeal was allowed to determine whether, for purposes of drivers' license suspension under the implied consent provision of the Vehicle Code, 75 Pa.C.S. § 1547(b)(1), a licensee must be afforded the entire three-minute period of a breathalyzer machine's test cycle before his failure to provide a sufficient breath sample may be deemed a refusal to submit to a chemical...

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