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BU. OF TRAFFIC SAFETY v. WROBLEWSKI

No. 1469 C.D. 1980.

65 Pa.Commw. 333 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. John R. Wroblewski, Appellee.

Commonwealth Court of Pennsylvania.

March 15, 1982.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him Robert C. Bell, Assistant Counsel, Ward T. Williams, Chief Counsel, Transportation, Jay C. Waldman, General Counsel, and Harvey Bartle, III, Acting Attorney General, for appellant.

John R. Wroblewski, appellee, for himself.

Argued February 3, 1982, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, March 15, 1982:

The Department of Transportation, Bureau of Traffic Safety (DOT) has appealed from a decision of the Court of Common Pleas of Erie County which sustained the appeal of John R. Wroblewski (appellee) from a suspension of his operating privilege for refusal to take a breathalyzer test. We reverse.

On November 20, 1979, the appellee was involved in a traffic accident. Police Officer Miller, who investigated the accident...

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