DEMARCHIS v. COM., DEPT. OF TRANSP.

No. 1948 C.D. 2009.

999 A.2d 639 (2010)

Jerome DEMARCHIS, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided June 29, 2010.


Attorney(s) appearing for the Case

Nicholas M. Mancini, Newtown, for appellant.

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

BEFORE: McGINLEY, Judge, and BROBSON, Judge, and FLAHERTY, Senior Judge.


OPINION BY Judge BROBSON.

Jerome Demarchis (Licensee) appeals an order of the Court of Common Pleas of Bucks County (trial court). The trial court denied Licensee's appeal of an order of the Department of Transportation, Bureau of Driver Licensing (DOT), which suspended Licensee's operating privileges based upon his refusal to submit to chemical testing at the request of a police officer. We reverse.1

By letter dated May 15, 2009...

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