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PennDOT v. TERRERI

No. 1707 C.D. 1986.

114 Pa.Commw. 208 (1988)

538 A.2d 639

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. John J. Terreri, Appellee.

Commonwealth Court of Pennsylvania.

March 2, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, for appellant.

James M. Ecker, Ecker, Ecker & Ecker, for appellee.

Submitted on briefs January 19, 1988, to Judges CRAIG, PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 2, 1988:

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Allegheny County, reversing DOT's suspension of the motor vehicle license of John Terreri for his refusal to submit to a breathalyzer test.1 We reverse.

The facts as found by the trial court are as follows. Terreri drove his vehicle over a cliff. A police officer arrived at the scene of the accident and...

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