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MILLER APPEAL

No. 83 C.D. 1982.

79 Pa.Commw. 648 (1984)

In Re: Appeal of Donald Earl Miller From Suspension of his Operating Privileges. Donald Earl Miller, Appellant.

Commonwealth Court of Pennsylvania.

January 23, 1984.

Attorney(s) appearing for the Case

John B. McCue, McCue, Bertocchi and Heim, for appellant.

Lawrence R. Wieder, 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 November 14, 1983, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 23, 1984:

This is an appeal by Donald Earl Miller (Appellant) from an order of the Court of Common Pleas of Armstrong County, dismissing Appellant's appeal of a six month suspension of his driving privileges pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b). Appellant had refused to take a breathalyzer test. We affirm.

At the hearing on the suspension held before the court of common pleas,...

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