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GRESH v. BUR. OF TRAFFIC SAFETY

No. 507 C.D. 1981.

76 Pa.Commw. 483 (1983)

Russell L. Gresh, Jr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee.

Commonwealth Court of Pennsylvania.

August 22, 1983.

Attorney(s) appearing for the Case

Douglas B. Breidenbach, Jr., Binder, Kalis, Proctor & Breidenbach, for appellant.

Kenneth E. Kendell, Assistant Counsel, with him Harold H. Cramer, Assistant Counsel, Ward T. Williams, Chief counsel, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs April 7, 1983, to President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., August 22, 1983:

Appellant Russell L. Gresh, Jr. has appealed to this Court from an order of the Court of Common Pleas of Montgomery County, dated February 4, 1981. The court's order upheld the Department of Transportation's (Department) suspension of appellant's motor vehicle operator's license for his refusal to submit to a breathalyzer test.

At approximately 1:00 A.M. on July 25, 1980, Patrolman Robert Auch of the Lower Pottsgrove...

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