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DEPT. TRANSPORTATION v. MEDALIS

No. 913 C.D. 1975.

24 Pa.Commw. 12 (1976)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Raymond David Medalis, Appellant.

Commonwealth Court of Pennsylvania.

March 12, 1976.

Attorney(s) appearing for the Case

W.J. Krencewicz, for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued January 9, 1976, before Judges KRAMER, WILKINSON, JR., and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, March 12, 1976:

Although the facts which give rise to this appeal can be distinguished from those dealt with in the case of Bureau of Traffic Safety v. Kelly, 18 Pa.Commw. 490, 335 A.2d 882 (1975), our holding in Kelly controls here. In Kelly, we held that a person possessing a license to operate a motor vehicle who refuses to submit to a properly requested breathalyzer test

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