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PennDOT v. WEBSTER

No. 3052 C.D. 1982.

104 Pa.Commw. 214 (1987)

521 A.2d 519

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Dennis James Webster, Appellee.

Commonwealth Court of Pennsylvania.

February 25, 1987.

Attorney(s) appearing for the Case

Michael R. Deckman, Deputy Chief Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

No appearance for appellee.

Submitted on briefs August 12, 1986, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 25, 1987:

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) appeals from an Order of the Court of Common Pleas of Westmoreland County (trial court) which sustained the appeal of Dennis James Webster (Webster) from DOT's suspension of his driver's license for refusal to take a breathalyzer test. For the reasons set forth below, we reverse.

On October 12, 1980, Webster was arrested by Officer Morrison...

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