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MITCHELL v. DEPT. OF TRANSP.

826 A.2d 936 (2003)

Kenneth Ray MITCHELL, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Louis W. Emmi, Pittsburgh, for appellant.

Timothy P. Wile, Asst. Counsel In Charge, for appellee.

BEFORE: COLINS, President Judge, FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Kenneth Ray Mitchell (Licensee) appeals from an order of the Court of Common Pleas of Westmoreland County (trial court) which dismissed his statutory appeal from a one-year suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (Department). We affirm.

The issue here of first impression is whether or not the operator of a motor vehicle in Pennsylvania may refuse to submit...

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