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McFADDEN v. COM. of PA.

No. 1854 C.D. 1985.

108 Pa.Commw. 194 (1987)

529 A.2d 88

Harry J. McFadden, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 3, 1987.

Attorney(s) appearing for the Case

Arthur L. Jenkins, for appellant.

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

Argued June 11, 1987, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, August 3, 1987:

The Court of Common Pleas of Montgomery County, after a hearing de novo, sustained the suspension of Harry J. McFadden's (McFadden) driver's license for one year for his failure to submit to a breathalyzer test as required by Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547 and dismissed his appeal. McFadden appealed to this Court. We affirm.

The relevant facts are as follows. On January 4, 1985, Officer...

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