LUCAS v. COM., DEPT. OF TRANSP.


854 A.2d 639 (2004)

Troy Lynn LUCAS, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES.

Commonwealth Court of Pennsylvania.

Decided July 15, 2004.


Attorney(s) appearing for the Case

Kevin J. Rozich, Johnstown, for appellant.

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellee.

BEFORE: PELLEGRINI, Judge, and COHN, Judge, and FLAHERTY, Senior Judge.


OPINION BY Judge COHN.

Troy Lynn Lucas (Licensee) appeals an order of the Court of Common Pleas of Cambria County that upheld the suspension of his driver's license by the Department of Transportation, Bureau of Driver Licensing (Department), on the basis that he had failed to submit to chemical testing under Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b), commonly referred to as the Implied Consent provision. On appeal Licensee asserts that the Department...

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