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BUR. OF TRAFFIC SAFETY v. ILLINGSWORTH

No. 1087 C.D. 1978.

65 Pa.Commw. 529 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. John C. Illingsworth, Jr., Appellee.

Commonwealth Court of Pennsylvania.

March 31, 1982.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Edward G. Biester, Jr., Attorney General, for appellant.

No appearance for appellee.

Argued March 5, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE ROGERS.

The Department of Transportation has appealed from an order of the Court of Common Pleas of Delaware County reversing the suspension of the motor vehicle license of John C. Illingsworth. The Department has suspended Illingsworth's license because of his refusal to submit to a breathalyzer test. See Section 1547(b) of the Vehicle Code, 75 Pa. C.S. § 1547 (b). We reverse.

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