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WHEATLEY v. PennDOT

No. 2777 C.D. 1984.

104 Pa.Commw. 171 (1987)

521 A.2d 507

C. Donald Wheatley, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

February 23, 1987.

Attorney(s) appearing for the Case

Kathleen A. Kerrigan, with her, John J. Kerrigan, Jr., Stuckert, Yates & Krewson, for appellant.

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

Argued December 11, 1986, before Judges MacPHAIL and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, February 23, 1987:

C. Donald Wheatley appeals from the order of the Bucks County Court of Common Pleas which dismissed his appeal from the one-year suspension of his operator's license by the Department of Transportation's Bureau of Traffic Safety (Bureau) under Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b), for Appellant's failure to submit to a breathalyzer test. We reverse.

This Court's scope of...

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