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SOLOMON v. COM., DEPT. OF TRANSP.

No. 303 C.D. 2008.

966 A.2d 640 (2009)

Edward SOLOMON v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 30, 2009.

Reconsideration Denied March 26, 2009.

Attorney(s) appearing for the Case

Terrance M. Edwards, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

No appearance entered on behalf of appellee.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and BUTLER, Judge.

OPINION BY Judge BUTLER.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the appeal of Edward Solomon (Solomon) of his one year license suspension for his refusal to submit to a chemical test pursuant to Section 1547(b)(1) of the Vehicle Code, as amended, 75 Pa.C.S. § 1547(b)(1). PennDOT presents two issues...

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