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PennDOT v. MICHENER

No. 319 C.D. 1987.

119 Pa.Commw. 21 (1988)

545 A.2d 1009

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Dale Michener, Appellee.

Commonwealth Court of Pennsylvania.

August 19, 1988.

Attorney(s) appearing for the Case

Donald H. Poorman, Assistant Counsel, with him, Harold E. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Dale Michener, appellee, for himself.

Submitted on briefs March 21, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, August 19, 1988:

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Montgomery County reversing a one year suspension of Dale Michener's driver's license for failure to submit to chemical testing pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b).

On September 20, 1986, Dale Michener and a recent female acquaintance, were proceeding to Michener's residence after a night...

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