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BUREAU OF TRAFFIC SAFETY v. TANTLINGER

No. 1274 C.D. 1976.

29 Pa.Commw. 536 (1977)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Daniel R. Tantlinger, Appellee.

Commonwealth Court of Pennsylvania.

April 11, 1977.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Charles C. Gentile, for appellee.

Argued March 11, 1977, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 11, 1977:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Fayette County made after hearing de novo, reversing the Department of Transportation's six-month suspension of Daniel Tantlinger's operator's license for failure to submit to a breathalizer test as required under Section 624.1(a) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 624.1(a).

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