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MONDINI v. PENNDOT

875 A.2d 1192 (2005)

Vincent MONDINI, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided March 1, 2005.

Publication Ordered June 8, 2005.

Attorney(s) appearing for the Case

David B. Chontos, Turtle Creek, for appellant.

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

BEFORE: COLINS, President Judge, and PELLEGRINI, J., and KELLEY, Senior Judge.

OPINION BY President Judge COLINS.

Vincent Mondini (Mondini) appeals an order of the Court of Common Pleas of Allegheny County, upholding a suspension by the Pennsylvania Department of Transportation (DOT) of his driver's license for refusal to submit to chemical testing in violation of the Implied Consent Law.1 We reverse.

On April 7, 2004, Officer Snyder observed a car, driven by Mondini, tailgating

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