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PennDOT v. FELLMETH

No. 2019 C.D. 1985.

108 Pa.Commw. 172 (1987)

528 A.2d 1090

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Adolph F. Fellmeth, Jr., Appellee.

Commonwealth Court of Pennsylvania.

July 31, 1987.

Attorney(s) appearing for the Case

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

Adolph F. Fellmeth, III, for appellee.

Submitted on briefs June 8, 1987, to Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 31, 1987:

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Montgomery County Court of Common Pleas reversing DOT's suspension of Adolph F. Fellmeth, Jr.'s driver's license.

The question is whether a motorist's declining to submit to a second breathalyzer test, when the breathalyzer machine functioned properly the first time except for a printing error, constitutes a "refusal...

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