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SCHINDLER v. DEPT. OF TRANSP.

No. 906 C.D. 2008.

976 A.2d 601 (2009)

Derek Daniel SCHINDLER v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 1, 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: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the appeal of Derek Daniel Schindler (Schindler) from a one-year suspension of his operating privileges for refusal to submit to chemical testing. Concluding that the arresting officer lacked reasonable grounds to believe that Schindler had been...

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