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REINHART v. COM., DEPT. OF TRANSP., BUREAU OF DRIVER LICENSING

No. 2351 C.D. 2007.

954 A.2d 761 (2008)

Richard A. REINHART v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 12, 2008.

Attorney(s) appearing for the Case

Michelle A. Fioravanti, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

Timothy Peter Wile, Lansdale, for appellee.

BEFORE: SMITH-RIBNER, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

The Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals an order of the Court of Common Pleas of Montgomery County (trial court) that sustained Richard A. Reinhart's (Licensee) appeal of a one-year suspension of his operating privilege based on his reported refusal to submit to chemical testing.1 PennDOT asserts the trial court erred in sustaining Licensee's appeal where the credited evidence...

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