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BANNER, v. COM. DEPT. OF TRANSP.

558 Pa. 439 (1999)

737 A.2d 1203

Robert N. BANNER, Jr., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee.

Supreme Court of Pennsylvania.

Decided September 29, 1999.

Attorney(s) appearing for the Case

Richard H. Galloway, Greensburg, for appellants.

Timothy P. Wile, Harold H. Cramer, Andrew S. Gordon, Harrisburg, for PENNDOT.

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

OPINION

ZAPPALA, Justice.

We granted allocatur in this license suspension case to determine whether the arresting officer had reasonable grounds to believe that Appellant was operating or in actual physical control of a motor vehicle while under the influence of alcohol. The Commonwealth Court held that reasonable grounds existed. For the reasons that follow, We reverse.

On September 18, 1994, at approximately 4:20 a.m., Pennsylvania State...

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