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PennDOT v. O'NEILL

No. 228 C.D. 1984.

100 Pa.Commw. 448 (1986)

514 A.2d 1008

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Terrence P. O'Neill, Appellee.

Commonwealth Court of Pennsylvania.

September 11, 1986.

Attorney(s) appearing for the Case

Michael R. Deckman, Deputy Chief Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Kevin H. Wright, LaBrum and Doak, for appellee.

Submitted on briefs December 9, 1985, to Judges DOYLE and COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, September 11, 1986:

The Commonwealth of Pennsylvania, Department of Transportation (Department), appeals the order of the Court of Common Pleas of Philadelphia County (trial court) which sustained Terrence P. O'Neill's appeal from a six-month suspension of his operator's license.

After being involved in a traffic accident, O'Neill was requested to take a breathalyzer test by the investigating police officer and he refused. The Department...

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