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JOHNSTON v. PennDOT

No. 113 C.D. 1985.

102 Pa.Commw. 183 (1986)

517 A.2d 585

Robert D. Johnston, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

November 14, 1986.

Attorney(s) appearing for the Case

David H. Acker, for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs June 12, 1986, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, November 14, 1986:

Appellant, Robert D. Johnston, appeals an order of the Court of Common Pleas of Lawrence County which dismissed his exceptions and affirmed an earlier order which sustained the suspension of appellant's driver's license for refusal to take a breathalyzer test. We quash this appeal as untimely filed.1

Appellant was placed under arrest for operating a motor vehicle while under the...

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