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PennDOT v. VIGLIONE

No. 3220 C.D. 1985.

113 Pa.Commw. 198 (1988)

537 A.2d 375

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Michael J. Viglione, Jr., Appellee.

Commonwealth Court of Pennsylvania.

January 29, 1988.

Attorney(s) appearing for the Case

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

Paul J. Malizia, Joseph J. Malizia, P.C., for appellee.

Submitted on Briefs September 14, 1987, to Judges CRAIG, and Senior Judges BARBIERI and KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 29, 1988:

The Department of Transportation appeals an order of the Court of Common Pleas of Elk County reversing a one-year suspension of Michael C. Viglione, Jr.'s operating privileges for refusing to submit to a breathalyzer test, pursuant to section 1547(b)(2) of the Vehicle Code, 75 Pa. C. S. §1547(b)(2).

Viglione appealed the suspension to the court of common pleas, which held that the record did not clearly establish...

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