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GARNER v. COM., DEPT. OF TRANSP.

879 A.2d 327 (2005)

John GARNER v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 2, 2005.

Publication Ordered July 18, 2005.

Attorney(s) appearing for the Case

Michael E. McHale and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

David E. Hershey, Dillsburg, for appellee.

BEFORE: COLINS, President Judge, LEADBETTER, Judge, and SIMPSON, Judge.

OPINION BY Judge LEADBETTER.

The Bureau of Driver Licensing (Bureau) appeals from the order of the Court of Common Pleas of Cumberland County (common pleas), which vacated the suspension of John F. Garner's driver's license. Common pleas concluded that Garner received an inadequate warning of the consequences prior to his refusal to take a breathalyzer test because the Bureau's revised DL-26 form does not satisfy the informational...

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