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OHLER v. PennDOT.

No. 3330 C.D. 1984.

106 Pa.Commw. 20 (1987)

525 A.2d 454

Raymond E. Ohler, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 6, 1987.

Attorney(s) appearing for the Case

Joseph Michael Smith, Smith and Jakubowski, 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 December 9, 1986, to Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 6, 1987:

Raymond E. Ohler (appellant) appeals the order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the order of the Department of Transportation (DOT) which suspended his driver's license for twelve months for refusing to submit to a breathalyzer test. Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b).

First, we will address the appellant's contention that, having initially...

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