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PennDOT v. GRIFFITH

No. 1558 C.D. 1987.

116 Pa.Commw. 196 (1988)

541 A.2d 66

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Sylvester R. Griffith, Appellee.

Commonwealth Court of Pennsylvania.

May 16, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellant.

Joseph V. Kasper, with him, John R. Sobota, for appellee.

Submitted on briefs February 4, 1988, to President Judge CRUMLISH, JR., and Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE COLINS, May 16, 1988:

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Luzerne County reversing the one year license suspension imposed upon Sylvester D. Griffith (appellee) after determining that the injuries sustained by appellee in an accident rendered him unable to knowingly and consciously refuse to submit to a breathalyzer test. See Section...

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