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BUR. OF TRAFFIC SAFETY v. SCHAUER

No. 2035 C.D. 1980.

77 Pa.Commw. 125 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Patrick J. Schauer, Appellee.

Commonwealth Court of Pennsylvania.

September 12, 1983.

Attorney(s) appearing for the Case

Francis P. Bach, Assistant Counsel, with him Harold H. Cramer, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

David A. Whitney, Cartwright, Fernan & Whitney, for appellee.

Submitted on briefs November 15, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., September 12, 1983:

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT), appeals an order of the Court of Common Pleas of Elk County sustaining the appeal of the appellee Patrick J. Schauer to quash his license suspension.

The appellee was stopped for driving under the influence of alcohol whereupon he was requested by the arresting officer to...

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