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MARMO v. PennDOT

No. 12 C.D. 1986.

121 Pa.Commw. 191 (1988)

550 A.2d 607

John Carmen Marmo, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

November 18, 1988.

Attorney(s) appearing for the Case

Peter David Maynard, for appellant.

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

Submitted on briefs November 16, 1987, to Judges MacPHAIL and DOYLE, and Senior Judge NARICK, sitting as a panel of three. Argued October 4, 1988, before Judges CRAIG, DOYLE, BARRY, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE DOYLE, November 18, 1988:

By order of this Court dated September 6, 1988, we granted the application of the Department of Transportation (Department), to reconsider our opinion and order filed previously which had reversed the suspension of driving privileges of John Carmen Marmo (Licensee) for one year for refusing to take a breathalyzer test pursuant to Section 1547 of the Vehicle Code (Code), 75 Pa. C. S. §1547.

The Department's application...

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