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PennDOT v. RONEY

No. 2527 C. D. 1985.

104 Pa.Commw. 125 (1987)

521 A.2d 98

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Barry Roney, Appellee.

Commonwealth Court of Pennsylvania.

February 19, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

Richard D. Linderman, O'Donnell, Weiss, Mattei, Koury & Linderman, P.C., 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 CRAIG, February 19, 1987:

The Department of Transportation appeals from an order of the Court of Common Pleas of Montgomery County which reversed the department's suspension of Barry Roney's operating privileges for one year. After considering the undisputed facts, we reverse.

Roney, arrested for driving under the influence of alcohol, assented to a breathalyzer alcohol test. The alcohol...

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